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HomeMy WebLinkAbout97-01326v N N v N C v J n 0` y ~y DIANE LOUISE (ROSEN) TOKACH Plaintiff vs. JEFFREY ROSEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1326 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of _~ u~~ 2006, upon consideration of the attached Custody Conciliation Report, it, it is~dered and directed as follows: The prior Orders of this Court dated January 1 G, 2001 and July 8, 2002 shall continue in effect as modified by this Order. 2. The parties shall resume mediation with Deborah Salem, or other professional selected by agreement, in an effort to resolve conflicts arising with the custodial arrangements on an as needed basis. The parties shall equally share the costs of mediation. The parties shall follow the procedures established by the mediator for submission of issues subject to mediation. 3. The Father shall have a period of vacation custody pursuant to paragraph 6 of the January 16, 2001 Order from July 28 through August 4, 2006 at 7:00 p.m. and from August 14 at 9:00 a.m. through August 26, 2006 at 7:00 p.m. 4. The parties shall communicate directly with each other concerning any proposed changes to the custody schedule, rather than communicating through the Child or otherwise placing the Child in the middle of schedule negotiations. 5. By the 15'h day of each month, each parent shall submit to the other parent a schedule of the Child's activities or proposed parental plans for the Child for the following month to enable the parties to identify and resolve potential conflicts in advance. G. All notices required under this Order or prior Orders of this Court shall be in writing. The Mother shall complete a course of parenting classes comparable to the program completed previously by the Father. OF iNE~FU~~iN pE J ,OTARY T006 AUG -p Apl 9:00 CUM~_;,, FciV~~~i1V~`J~IA iVTY 8. The parties shall share having custody of the Child over the Christmas holiday every year as follows: The Mother shall have custody from Christmas Eve at 12:00 noon until Christmas Day at 2:00 p.m., the Father shall have custody from Christmas Day at 2:00 p.m. until December 29`h at 9:00 a.m., and the Mother shall have custody from December 29`h at 9:00 a.m. until January 1. 9. Paragraph 8 of the January I G, 2001 Order is vacated. 10. Paragraph 9 of the January 1 G, 2001 Order requiring telephone contact shall apply only to weeks when the Father dots not have a period of partial custody. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The pariies may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: et B. Foster, Esquire -Counsel for Father ~us A. McKnight III, Esquire -Counsel for Mother ~~b BY THE COURT, DIANE LOUISE (ROSEN) TOKACH Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1326 CIVIL ACTION LAW JEFFREY ROSEN Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 conccming the Child who isthc subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Custody Conciliation Conference was held on July 31, 2006, with the following individuals in attendance: The Mother, Diane Tokach, formerly Rosen, with her counsel, Marcus A. McKnight 1[I, Esquire, and the Father, Jeffrey Rosen, with his counsel, Peter Foster, Esquire. 3. The parties agreed to entry of an Order in the form as attached which resolves both the Mother's Petition for Modification and the Father's Petition for Contempt. /I ]]-~``// .. Date Dawn S. Sunday, Esquire Custody Conciliator DIANE LOUISE ROSEN, IN THE COURT OF COMMON PLEAS OF Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JEFFREY ROSEN, 97-/ ~74.CIV[L TERM Respondent IN CUSTODY ORDER OF COURT AND NOW, this ~~~ day of MCt i ~ ~ 1 1997, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before 11.~hFC-~ X.C~ilco~j ,L«~ Esquire, the conciliator, on the4'~'f LlGhnrrW~;,(ud,~brl(o (u4,nu'on the (r ~'' day of ff 1997 at i~ ~ l i l~ .M. for aPre-hearing Custody Conference. At such conference, an a ort 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, l L ~ Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 DIANE LOUISE ROSEN, IN THE COI'RT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW 97- /~~a CIVIL TERM JEFFREY ROSEN, , Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW comes the Petitioner, Diane Louise Rosen, by her attorneys, Irwin, McKnight & Hughes, and presents the following Petition for Custody. The Petitioner is Diane Louise Rosen, an adult individual residing at 123 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Jeffrey Rosen, an adult individual residing at 1925 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013 . 3. The parties are the natural parents of one child, namely, Kyle R. Rosen, age two (2), born January 2, 1995. 4. The Respondent has left the marital residence, and the best interest of the child require that the primary physical custody of him be awarded to the Petitioner. 5. Petitioner desires primary physical custody of the child and primary legal custody with periods of visitation to Respondent as can be mutually arranged between the parties. 6. The best interests and permanent welfare of the child require that primary physical and primary legal custody of the child be as provided above. WHEREFORE, Petitioner, Diane Louise Rosen, respectfully requests that he be awarded primary physical custody and primary legal custody of the child as provided herein. Respectfully submitted, IRW1N, McI{}~fGHT & By: A. N v for 60 West Po fret Stree Carlisle, Pennsy vama 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 10, 1997 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and me in the preparation of this action. The language of the Petition may in part be the language of my counsel and not my own. I have read the statements made in this Petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. L~~a,c.~ yd'rul~~.G2~ DIANE LOUISE ROSEN Date:`h(lLlclt 1 n ,1997 MAY 2 1 199~~' DIANE LOUISE ROSEN, Plaintiff V JEFFREY ROSEN, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW sNO. 97-1326 CIVIL TERM :IN CUSTODY COURT ORDER y AND NOW, this o? b° day of May, 1997, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gil~by, E Custody Conc Bator t t I I 1 I m.r TIM Gi;. ~._, ~... ,i :ti 7- ~,.~~ ~.; . ~. III r~~ 91~ .. (,~.; DIANE LOUISE ROSEN, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 97-1326 CIVIL TERM JEFFREY ROSEN, . Respondent IN CUSTODY ORDER OF COURT TM ~~~ AND NOW, this 3d day of A~pwl, 1997, in consideration of the stipulation of the parties the following Custody Order is hereby entered: Legal custody of Kyle R. Rosen, born January 2, 1995, age two (2) years, will be shared by the parties. 2. Primary physical custody of the child will be in the Mother, Diane Louise Rosen. 3. Temporary physical custody of the child will be in the Father, Jeffrey Rosen, at times the parties mutually agree is in the best interest of the child. Father will provide Mother with at least 24 hours notice of his intention to initiate his periods of temporary physical custody of his son, Kyle R. Rosen. By the Court, ,~~ 11 r _ N C ~ h DIANE LOUISE ROSEN, Petitioner v. JEFFREY ROSEN, Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 97-1326 CIVIL TERM . IN CUSTODY CUSTODY STIPULATION This Custody Stipulation is entered into this ~$ M day of April, 1997, by and between the parties as follows: 1. The plaintiff is Diane Louise Rosen who resides at 123 East Lowther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Jeffrey Rosen who resides at 313 Walnut Street Rear, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the parents of one (1) child, Kyle R. Rosen, born January 2, 1995, age two (2)• 4. The parties agree that the best interests of the child requires that they share legal custody I of the child. 5. The parties agree that the Mother, Diane Louise Rosen, will enjoy primary physical custody of her son, Kyle R. Rosen. 6. The parties agree that the Father, Jeffrey Rosen, will enjoy temporary physical custody of the child at the times the parties mutually agree is in the best interest of the child. However, Father agrees to provide Mother with at least 24 hours notice of the beginning of his periods of temporary physical custody. AND NOW, intending to be legally bound, the parties execute this Stipulation the date first set forth above. MOTHER: ~ ~EAL) DIANE LOUISE ROS ~ N FATHER: t I`---•~ • (SEAL) JE REY ROSEN WITNESSETH: DIANE LOUISE ROSEN, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 97 - 1326 JEFFREY ROSEN, DEFENDANT CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, 1(';~ ~~ , 1997 upon consideration of the attached Pmt on, t a ereby d rected that the parties and their respective counsel appear before ~~ lP ( ~- l(. (~ i ~ C C1--1 , C-~f~, Esquire, the Conciliator, at the Fourth Floor Conference Room, Cumberland County Courthouse, Carlisle, Pennsylvania, on the ~^ day of l~i'~C'r~~t>~ ~ , 1997, at `,?' ;( ~ _ ;L.m., 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 shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ~_~aS~~e~ ~ X. ~~'~~~,c~,l e~~r Custody Conc 1 ator ~.n,~7~'~- YOD BHOIILD TA1~E THIB PAPER TO YOIIR LAWYER AT ONCE. IY YOII DO NOT BAOB A LAWYER OR CANNOT AFBORD ONE, 00 TO OR TELEPHONB THS OBPICB 8ET YORTH BELOW TO BIND OIIT WHERS YOII CAN a8T LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 .1 C` ~ .. r is ~3 >> ~ ~ `~~f ,~~~' ~ ~~.~/~~}~..,,.,,..~~ r tVl41JlN8fODY COIfPIADlI/AVI/tlt IOINN7 t:l>ps DIANE LOUISE ROSEN, PLAINTIFF V. JEFFREY ROSEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 97 - 1326 CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. Petitioner is Jeffrey Rosen, residing at 103 Walnut Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Diane L. Rosen, residing at 123 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of Kyle R. Rosen, born January 2, 1995. 4. A Custody Order was entered on May 30, 1997 granting Respondent primary physical custody of the child. Temporary physical custody was awarded to the Petitioner "at times the parties mutually agree is in the best interest of the child". A copy of the order is attached hereto as Exhibit "A". 5. Petitioner seeks to have the May 30, 1997 Order modified to allow him partial physical custody of the child. 6. Petitioners work schedule would allow him to exercise periods of partial physical custody during the day. 7. Petitioner does not believe that the child would be disadvantaged by being removed from daycare one or two days per week to spend time with Petitioner. 8. The child is presently in the custody of Respondent. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Petitioner is a fit parent. B. Petitioner is available and willing to exercise partial physical custody of his son on one or two weekdays rather than placing him in daycare. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. RBBRSPORB, Petitioner requests this court to grant partial physical custody of the child to him. Respectfully submitted, BMIGEL, ANDERB~ i Date: October 3, 1997 By: _., ~ ~ Joh~`n WTFrommer Esq~e `- 2917 No th Fro t Street Harrisbu~g,~ PA 17110-1223 (717) 234-2401 Attorneys for Petitioner 2 ~' r VERIFICATION I, JEPYREY A0882T, verily that the statements contained in the foregoing document are true and correct to the best o! my knowledge, information and belie!. I understand that false statements therein nre made subject to the penalties of 18 Pa.C.s. $4904, relating to unsworn falsification to authorities. IIf JEBP$ Y~ 08D - 4 - DIANE LOUISE ROSEN, W THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA ~• CIVII. ACTION -LAW 97-1326 CIVIL TERM JEFFREY ROSEN, , Respondent iN CUSTODY ORDER OF COURT M AND NOW, this iu "-` day of 1997, in consideration of the stipulation of the parties the following Custody Order is hereby entered: Legal custody of Kyle R. Rosen, born January 2, 1995, age two (2) years, will be shared by the parties. 2. Primary physical custody of the child will be in the Mother, Diane Louise Rosen. 3. Temporary physical custody of the child will be in the Father, Jeffrey Rosen, at times the parties mutually agree is in the best interest of the child. Father will provide Mother with at least 24 hours notice of his intention to initiate his periods of temporary physical custody of his son, Kyle R. Rosen. By the Courc, -, `~ T}~iir: Li1i"~ ?•t:i! :"':l.:tii{t~ J. DIANE LOUISE ROSEN, PLAINTIFF v. JEFFREY ROSEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1326 CIVIL ACTION - CUSTODY I, John W. Frommer, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the 3rd day of October, 1997, addressed as follows: Marcus A. McKnight, III, Esquire Irwin McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 BMIOEL, ANDERSON i 8ACK8 i John~W. Frommer, Esqu re 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorney Por Defendant 1 U') i' _- ~. ` _. • u i .~ . . i::' ~.. :.i ~• ~•~ ? . ,.~ . G;- i it i ~" ' ~: ~~~ v c •p~Ur,e t_o~~se..Ra~en Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V • Jc~~+ RoSer~ Defendant CIVIL ACTION LAW N0. ~3ab CIVIL 19~f"I CUSTODYNISITATION AND NOW, this ~, day of t"`~ ~cb~ ~ ,upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before L`Q~,.~n S, S.r~c~ , ~ s~. theconciliator, at 3 ~.i MCI; ~ S ~/a , on the ~_ day of t\YuembFr , 1J;1~ , at II (X~ A. M., fo a Prehearing 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 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. FOR THE COURT: By:c~.m s~, ~ttmc~ a ~(~ Custody Conciliator ~~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 ,;.;~ _, , .. _ V ;, , l ~aai•97 ~• c' ' cl ~o1-to v c~~,o~,~t /o as 97 W b~i.ac www,~,Qrc( -1c~ ~u~~,.~,C# I ~ ap ~~ C~ i n ZU 2~ Sic ~.G1~ay 1d1 { kfA i .. IA ~ , .:. i. f:.. ~ Y ll ( ' f i t t'.. ~. R / f 1 , i : ~+ ~! , { 4 t ; . 1 5 ~ h _ ~ ~ \ ~~L f' + ~ . 1$ $ i i ~ q ~ { `o- ~ 4 {'~ ~ ~ { ( . 4b2'f i s.. S ~ •4;a i ~ ' . r s w x~,~ x , . ~ i Y l /R 'R dh `' Y t~` k f'k ~: y { 1 z_ 1 !i _ - ` ~ f is ~ :. ,.I 1;:. ..r .. ~ :. .. :. f ~ r ~ yT 3 ,n s ArF.t d ~~~ ,! _ t ., {k •/ i _. ___. ~ , e t ?< .. [ • / 1J~ O Y w01 DIANE LWISE ROSEN, Plaintiff vs. JEFFREY ROSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 97-1326 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION ORDER OF COURT AND NOW, this ~~~' day of u ti ~ , 1997, upon consideration of the attached Custody Conciliat on Reportr it is ordered and directed as follows: 1. The prior Order of this Couct dated May 30, 1997, is vacated and replaced with this Order. 2. The Mother, Diane Louise Rosen, and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 8:00 p.m. through Sunday at 8:00 p.m. In the event the Father has to work on the Friday of his weekend period of custody, the Father shall give the Mother at least five (5) days advance notice and the parties shall make arrangements for the Father to have custody on that weekend from Saturday at 9:00 a.m, through Monday at 9:00 a.m., unless the Mother had previously made other arrangements. The Mother shall not unreasonably withhold consent to the Father's request to adjust the weekend period of custody. 5. The Father shall also have partial physical custody of the Child one day per week on a weekday from 3:00 p.m., when the Father shall pick up the Child from daycare, until 8:00 p.m. The Father shall provide the Mother with advance notice of at least two days and the Mother shall not unreasonably withhold her consent to schedule a weekday period of partial custody under this provision. 6. The Father shall have custody of the Child for vacation eight (B) days per year (consecutive or non-consecutive) upon providing advance notice to the Mother of at least two (2) weeks. 7. In the event the Mother requires care for the Child, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide care for the Child before contacting third party babysitters. 8. The parties shall share or alternate having custody of the Child on holidays as follows: A. CARISTMAS: in every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas ~,.... .. . -. i i ::' . Day at 12:00 noon and the Father shall have custody of the Child from Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. NEW YEAELS: In every year, the Father shall have custody of the~ld from New Years Eve at 5:00 p.m. until New Years Day at 8:00 p.m. D. EASTER: In every year, the Mother shall have custody of the won Easter Sunday. E. l~IORIAL DA7C/JULY 4th/LABO[t DAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. in add numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. F. MOTHER'S DV-Y/FATHPR'S DAY: The Mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. G. CHILD'S BIfi14IDAY: Both parties shall be entitled to have a per od of custody with the Child on his birthday at times to be arranged by agreement of the parties. 9. 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 agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE COURT, J. cc: Marcus A. McKnight, III, Esquire - ounsel for Mo her John W. Frommer, Esquire - Counsel for Father ~. ~'. DIANE LOUISE ROSEN, Plaintiff va. JEFFREY ROSEN, Defendant PRIOR JUDO: J. Wesley Oler~ Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION CUSTODY CONCILIATION SUMMARY REPORT IN AOOQtDV1NCE WITB Ct!ffiERLAPID OfOfITl'SC RULE OF CIVIL PAO(~[IItE 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: ~E DATE OF BIIiRH CUREtII~Tl'LY IN CUSl~]( OF Kyle R. Rosen January 2, 1995 Plaintiff/Mother 2. A Conciliation Conference was held on November 25, 1997, with Mother, Diane Louise Rosen and her counsel, Marcus A. McKnight, III, Esquire present in the Conciliator's office and the Father, Jeffrey Rosen, with his counsel, John W. Frommer, Esquire participating by speaker phone. 3. The parties agreed to entry of an Order in the form as attached. ~eccrtibtit ,J ~ 9S 7 _ ~~~~.,~~i~.~,GL~ Date f Dawn S. Sunday, Esqu re Custody Conciliation DIANE LOUISE ROSEN, Plaintiff vs. JEI~I~REY ROSEN, Defendant PRAECIPE TO WITHDRAW APPEARANCE artd PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the above-captioned Defendant. IN THE COURT OF COMMON PLEAS OIL CUMDERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION -LAW CUSTODY/VISITATION Respectfully submitted, Dated: ` ~ , 1998 Jo ~ W. F S igel, Ai 291 Harrisburg ~~Sackti 7110 TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the above-captioned Defendant. Respectfully submitted, Dated: ~~1:-•~ ~ 1 ~ , 1998 James J."Kay rf`EF Liberty Loft 4 E, Libert}~ Avet~ Carlisle, PA)17013 (717) 243-7922 ~J-one. t_o~~ Se- ~~n Plaintiff v. . Je~ Rd~ ~ Uefcndant CIVIL ACTION LAW NO. I~G CIVIL l~l'1 CUSTODY VISITATION And now, this ~, upon consideration of the attached complaint, it is hereb directed that the above parties and their respective counsel ap e r before Esquire, the conciliator at ,~9' ~ . NOl ' Pennsylvania, on the ~ day of _ . t1 re , I ~~E, at -I.L.QQ . P.M., for aPre-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 be present at the conference. Failure to appeaz at the conference may provide grounds for the entry of a temporazy or permanent order. FOR THE COURT: By: , Custody Conciliator ~> YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 L[BERTY AVL'NUE IN TI IL• COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE, PA 17013 (717)249-3166 1-800-990-9108 1... r ~ ~~ ~~ i~ .. f- 1_ ft7ur ~ 8 1998~~ DIANE LOUISE ROSEN, Plaintiff vs. JEFFREY ROSEN, Defendant AND NOW, this day of 199_, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before S ~ ~ -~~~_, Esquire, Custody Conciliator, on the _ of 199_, at o'clock - M., for a Conciliation 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. FOR THE COURT, By: , Esquire Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION -LAW CUSTODY/VISITATION ORDER OF COURT DIANE LOUISE ROSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1326 CIVIL TERM JEFFREY ROSEN, Defendant :CIVIL ACTION -LAW CUSTODY/VISITATION PETITION FOR CONTEMPT COMES NOW, Defendant Jeffrey Rosen, by and through his attorney, James J. Kayer, Esquire, who does hereby aver as follows: 1. The parties are the parents of Kyle R. Rosen, born January 2, 1995. 2. The parties afrer a Conciliation Conference, agreed to the institution of an Order of Court, said Order having been executed by this Honorable Court on or about December 8, 1997, a copy of which is attached hereto and designated as Exhibit "A". 3. The Plaintiff has on numerous occasions violated Paragraph 5 of the existing Court Order, to wit, she has unreasonably withheld iter consent to schedule a weekday period of partial custody after the Father has provided advance notice of at least two (2) days. Furthermore, the Plaintiff has, contrary to Paragraph 5, required the Father to pick up the child from locations other than the child's daycare center, therefore burdening the Father unduly, and in violation of the Court Order. 4. The Plaintiff has repeatedly violated Paragraph 7 of the Court Order which requires her to make a "reasonable effort" to provide the Father with an opportunity to provide care for the child before contacting third party babysitters. Plaintiff has asked her mother, her boyfriend and other individuals to watch the child at periods of titne in which she has never even made an attempt to contact the Father, in violation of Paragraph 7. 5. The Plaintiff has engaged in a regular practice of making unilateral changes to the visitation schedule with little or no notice to the Father. When the Father hus objected to these unilateral decisions, the Plaintiff has ignored those objections, or alternatively, has threatened to unilaterally modify the custody arrangement fiirther. 6. When the parties disputed the time upon which the Mother's period of physical custody should commence for Mother's Day 1998, the Mother threatened to arrive at Fathers home at midnight on Sunday, contending that that was the moment that Mothers Day was to commence and that she had every right under the Court Order to do so. This incident illustrates the attempts of manipulation and control the Plaintiff has consistently pursued since the parties reached their agreement on December 8, 1997. 7. The parties child has exhibited behavior in the custody of both parents that indicates that the child is conflicted. Despite the fact that conversations between the parties have resulted in an agreement that counseling should be pursued for the child, the Plaintiff has not cooperated with the Father in securing a counselor or psychiatrist for the child, and has refused to cooperate with the Father in his efforts to pursue such counseling efforts for the child individually. WHEREFORE, the Defendant request this Honorable Court to find the Plaintiff in contempt of the Court's December 8, 1997 Order and to grant the following relief: A. To modify the Order of Court so drat the Mother is required to contact the Father and allow Trim the opportunity to provide care for the child before contacting any third persons. The current Court Order merely requires the Mother to "use reasonable efforts"; B. To provide the Father with an additional weekend of visitation with the child to make up for those times in which he has been deprived access to the child in violation of the Court Order; C. For his reasonable attorney fees incurred itt f-cling this Petition; D. Any and all other relief that this Court may deem appropriate. Respectfully submitted, n~ Dated: ,~1~, 1998 (717) 243-7922 ~ -. DIANE LOUISE ROSGN~ Plaintiff vs. JEFFREY ROSENi Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIiNTY, PGNNSYLI'A'!IA N0. 97-132v CIVIL TERM CIVIL ACTION - LA47 CUSTODY/VISITATION ORUQt OF OOU[Yf ,.- • • ,lam//~~ii AMID NOW, this ~ day of ~ 1e; ..~1•. ~ ~ 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this CourC dated May 30, 1997, is vacated and replaced with this Order. , 2. The Mother, Diane Louise Rosen, and the Father, Jeffcey ' Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 8:00 p.m. through Sunday at 8:00 p.m. In the event the Father has to work on the Friday of his weekend period of custody, the Father shall give the Mother at least five (5) days advance notice and the parties shall make arrangements for the Father to have custody on that weekend from Saturday at 9:00 a.m. through Monday at 9:00 a.m., unless the Mother had previously made other arrangements. The Mother shall not unreasonably withhold consent to the Father's request to adjust the weekend period of custody. 5. The Father shall also have partial physical custody of the Child one day per week on a weekday from 3:00 P•mThewFathereshalleprovide pick up the Child from daycare, until 8:00 p.m. the Mother with advance notice of at least ta~o days and the Mother shall not unreasonably withhold her consent to schedule a weekday period of partial custody under this provision. 6. The Father shall have custody of the Child for vacation eight (fi) days per year (consecutive or non-consecutive) upon providing advance notice to the tlother of at least two (2) weeks. 7. In the event the Mother requires care for the Child, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide care for the Child before contacting third party babysitters. 8. The parties shall share or alternate having custody of the Child on holidays as follows: A. CIII2ISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas EXHIBIT "A" pay at 12:00 noon and the Father shall have custody of the Child from Christmas Day at 12:00 noon through December 26 when the tfother returns frog work or as otherwise agreed by the parties. ' g, T[~CSGIVING: In every year, the Mother shall have custody of t d on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C, tVES•7 YEARS: In every year, the Father shall have custody of the Child from New Years Eve at 5:00 p.m. until New Years Day at 8:00 p.m. p. FASTER: In every year, the Mother shall, have custody of the Cnild on Easter Sun6ay. ' E. !` I)A7t/~,y qt-r/LABOR DAY: In even numbered years ,the Mother shall have custocry of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. In odd numbered years, the Father shalalndhthe custody of the Child on Memorial Day and Labor Day Mother shall have custody of the Child on July 4th. p tpT•~~g DAY/FATE~R'S DAY: The Mother shall have custody of the Child every year on Mother~ear~on Fatheres Day er shall have custoay of the Child every y G ~Iyp~g g~AY: Both parties shall be entitled to have a period of custoay with the Child on his birthday at times to be arranged by agreement of the parties. 5. 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 agreement. In the absence of mutual agreements the terms of this Order shall control. SY THE COURT S/ '1 ~ c .yL ~tl L. J. cc: Marcus F.. MclCniaht, III, Esquire - Counsel for Mother John t•;. Frommer~ Eswire - Counsel for Father T~i~c Cnn~• FRnM RECORD ~• •., o^. r. ~::} rrry hand a~ s , .e r _ :, .: court at Canis _, Pa. •f~'U` day of ~.t.. 1°.~~~ lna ~•, , ~ I, - ~- ............Jti. ....... ,~ Prothonotary ~!- ;>" / DIANE LOUISE ROSEN~ Plaintiff vs. JEFFREY ROSEN~ Defendant PRIOR JUDGE: J. Wesley Olerr Jr. IN THE COURT OF COhW,ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 97-1326 CIVIL TERM CIVIL ACTION - I,AW CUSTC)DY/VISITATION CUSTODY CONCILIATION SUMMARY REPORT IN AOOORDANCE WITS C~ffiERLADID OOIRTI7 RULE OF CIVIL PROCEDURE 1915.3-B, 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 BIIZT'H CURRENTLY IN CUSTOOY OF Kyle R. Rosen January 2, 1995 Plaintiff/Mother 2. A Conciliation Conference was held on November 25, 1997, with Mother, Diane Louise Rosen and her counsel, Marcus A. McKnight, III, Esquire present in the Conciliator's office and the Father, Jeffrey Rosen with his counsel, John h'. Frommer~ Esquire participating by speaker phone. attached. 3. The parties agreed to entry of an Order in the form as Date ~ Dawn S. Sunday, Esquire Custody Conciliation VIiRIrICATION OT I'LrAI)TNGS The foregoing document is based upon infomtation which has been gathered by my counsel and myself in the preparation of this action. Tlse language of the document may, in part, Uc the language of my counsel stnd not my own. I have read the statements made in this document and to the extent that it is based upon information which 1 have given to my counsel, it is true and correct to the best of my knowledge, inform:slion soul belief. 'fo the extent that the contents of the statemasts arc that of counsel, I have relied upon counsel in rnaking this Verification. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. Section A904, relating to unsworn falsification to authorities. llutc: S I $ ly 1998 ' ~ "~`' CERTIFICATE OF SERVICE 1 hereby certify that u true copy of the foregoing Petition for Contempt was served on the following person(s) by First Class moil, postage prepaid by forwarding a true and correct copy unto: Marcus A. McKnight Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Dated: s ~ZOI c/ S" J. 4iE. Li y Avenue Carlisle, A 17013 (717) 243-7922 r ga.. ~ti s * ~ ! ~r ~ ~ ,., ~ e 1~ 0, f Y e b h~ z s ~e`a H yq< i } E ~! ~ +~ s z /t ~ 4Y~' A ~iK •~ 4 l t Vtx! v t ~ x i Ae ~ fi~ ~ < P F { j ~1r ~ ~ t ; ~Z4 a JY~ 'ryry.. (. ; y Y Yet Y j' - k y A.+ ~. ~ t r ~ 1 s,~ ~Lrs. {r ~ _ z F " ' ' =1 ~ ~ YF ~ y ; ~ ; ~ ' ~ ~ ( I. q 1 # t. t .~L l3 t ~ 'r i ff r i' U 3 S~{ ~~ 4 x F £ ~ k ~ }]I ! ~ ~ A >~' t ~ r(1 z 'i s i _ ' ... a. lfzeT : ` _(r ~ . ,A ~ DIANE LWISE R0.SEN, Plaintiff va. JEFFREY ROSEN, Defendant IN THE OOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY QtDP.R OF OOURT AND NOWT this 30~'' day of J uno,.. , 1998, upon consideration of the attached Custody Conc 1 at on Report, t is ordered and directed as follows: 1. The prior Order of this Court dated December 8, 1997 shall continue in effect. 2. The parties shall participate in a course of counseling with Sally Rooney. The purpose of the counseling shall be to assist the parties in developing caimunication between the parties and cooperation in co-parenting their Child. The parties shall share all costs of counseling equally. The parties shall provide all necessary waivers or releases to enable the counselor to obtain any information deemed necessary concerning either party or the Child. 3. The Father agrees that his Petition for Contempt dated May 20, 1998 shall be withdrawn. BY THE 0O[JRT, ~~ ~ o~ . Wesley Oler r., J. cc: Marcus A. McKnight, Esquire - Counsel for Mother James J. Kayer, Esquire - Counsel for Father ~~~ Qrr'L 7-1-y~ls =' i _,, ;.~ ~. ; •: DIANE LCUISE ROSEN, Plaintiff vs. JEFFREY ROSEN, Defendant PRIOR JUDO: J. Wesley Olet~ Jr. N0. 97-1326 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSIVDY OONCILIATICN SUMMARY RBPCRT IN AOOOI2DANCB WITH C[lBBEiLAt~ID OOUNTY RULE 08 CIVIL PROC~[AtS 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. Rfie pertinent information croncerning the Child who is the subject of this litigation is as follows: DATE Oi+' BIIY19 Kyle R. Rosen January 2, 1995 CIAZREfJPLY IN CUSTODY OP Mother 2. A Conciliation Conference was held on June 23, 1998, with the following individuals in attendance: The Mother, Diane Louise Rosen, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Jeffrey Rosen, with his counsel, James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esqu re Custody Conciliator IN THE COURT OF COPlldON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ U~QI~~ LOU~SC \`OSt_n Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. r .~ c~-F2y ~cf1 Dcfcndant CIVIL ACTION LAW N0. l j~ CIVIL 19 `~`1 CUSTODY VISITATION And now, this Ia1~, upon consideration of the attached com taint, it is hereby directed that the above parties and their respective counsel appear before _ 1~ ~-~~ ~( (~ ~ 1 Jc~-t Esquire, the conciliator, at "' - R -~. ~ ( .~ ' Pennsylvania, on the ~_ day of , 1999, at '~ 00 A.M. for aPre-hearing Custody Conference. At such co ference, 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 be present at the conference. Failure to appeaz at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: sy: ` F1-oQ~P]~ "k ~-~n ~ Custody Conciliator (mil YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 I-800-990-9108 ;,..~,; ~~--~-~= :.. =_...'f /a•a4.4~' •iUu•~~rC rn~i~ecL~c~ 14}x. /~lc~~.)~rrl+~ `:~~~r?:~ ,:.. .• ~i ld•29•~7~ - C'o~~y p(a~L~C ,IJ A~,[/ G,[,wyls ~~L i:_ .,~r . ~ nFr 2 4199$: ,, DIANE LOUISE ROSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1326 CIVIL TERM JEFFREY ROSEN, Defendant :CIVIL ACTION -LAW CUSTODY/VISITATION ORDER OF COURT AND NOW, this day of 199_, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, Custody Conciliator, at on the _ of , 199_, at o'clock _ M., for a Conciliation 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 perntanent order. FOR THE COURT, By: Esquire Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 cc: James J. Kayer, Esquire Marcus A. McKnight, Esquire I' q _ t "~ti j. ar ',1 f - tr t 1~ A r rJ t i .. t•. ~rt 5 L~t4f _{' s t _ ll r rAHr { Ft i '. P:g ! i.' 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''.7 ra >.i'C r+1 r ..a w dam, r x } vr'.c .t ~. k'Mt i. ~.. v , ..','. of a Itt. _ .. ., - r yk"t.Nt. f.t R t ' ~1 3 > f 1 } 1i i• ^~' v sr ,t ~ , s~ r s C . r rA t! .," t r a ,. / r r ~. ~p.~!'rt~,r i <:1 1 t t •~ n t't,'': t rf' r'j: t ' e, ~ z p' r r '! r to K ? c t 1 5 f, t +t! ~~. 4t'+~trt) ,.. ~.\ \°, cti~~7; t .t"p," !f i'r''b~ S r ~',jr t > 7... :{ t t,,.: r r,} 1 \'. . ~ - ~ .il~` (r ~~ Kayer and Brown ., , t , ! A Prolessbnul Corporntlon ~,,~~\~ :. a LlbertY Lott • A E. LI(717) 243 7822 Cprllslo, PA 17013 ~t` '- f r DIANE LOUISE ROSEN, Plaintiff vs. JEFFREY ROSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-132G CIVIL TERM CIVIL ACTION -LAW CUSTODY/VISITATION PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY COMES NOW, Defendant Jeffrey Rosen, by and through his attorney, James J. Kayer, Esquire, who does hereby aver as follows: I. The parties are the parents of Kyle R. Rosen, bom January 2, 1995. 2. Tl+e parties after an initial Conciliation Conference, agreed to the ins~cinnion of an Order of Court, said Order having been executed by this Honorable Court on or about December 8, 1997, a copy of which is attached hereto and designated as Exhibit "A" 3. On or about May 20, 1998, the Defendant filed a Petition for Contempt, a result of v+id Petition was the scheduling of another Conciliation Conference. As a result of that conference, this Honorable Court issued an Order dated June 30, 1998, a copy of said Order is attached hereto and designated as Exhibit "B". 4. The Plaintiff on numerous occasions violated Paragraph .5 of the Decemlxr 8, 1997 Order, to wit, she has unreasonably withheld her consent to schedule a weekday period of partial custody after the Father has provided advance notice of at least two (2) days. Specifically, the Father has on repeated occasions asked the Mother to allow him to spend Wednesday evenings with the child and he has not been pern+itted to do so despite the fact the Father's work schedule regularly pem+its him to enjoy Wednesday evenings with the child. S. The Plaintiff has on numerous occasions violated Wtn+gn+ph 5 of the December 8, 1997 Custody Order (Exhibit "A") by requiring the Father to pick up the child from locations other than the child's day care center, thereby hardening the Father unduly and in violation of the Coun Order. At one tune the lather worked at tr location that was within five (5) minutes of the gnmdmother's home where Kyle stayed. As a courtesy, the Mother had permitted the Father to pick the child up from that location. However, this ummgenteut is no longer a convenience (or the Father as the work site has changed. Requiring him to go pick up the child ut the gnuulmother's home significantly decreases the amowu of time he can spend with the child. 6. The existing Court Order provides the Father to hove custody of the child for vocation up to eight (8) days per year. Given the fact that the child has aged significantly since the institution of the December 8, 1997 Court Order, the child's best interest will he served by providing the Father with three (3) weeks of vacation time with the child ouch year so long us he provides the Mother with advance notice of ut least two (2) weeks. Father seeks such a modification. 7. The parties, purcuant to the June 30, 1998 Order have corunenced a course of counseling with Sully Rooney to facilitate conununication between the parties and cooperation in co-parenting. Under that Order, the parties are to shore all costs of counseling equally. Due to the Fathers service in the United States Military, he has available to him access to counselors provided by the Veterans Administration who can assist the parties in the some goals but at no cost to either party. '11te continued sharing of counseling expenses is a financial drain to both parties and given the availability of free counseling, is un undue burden upon the Father. WHEREFORE, the Defendant requests this Honorable Coun to find the Plaintiff in contempt of the Court's December 8, 1997 Order and to gran the following relief: A. To modify the Order of Court so that the Mother cannot refuse the Father's nominated week day visitation so long as he continues to provide her at least two (2) days of notice in advance as to the day he nominates; [3. ltcyuirc the Mother to he responsible for all transportation urnutgeutcnts other than the I~ather being able to pick the child up at his day care center or the Mother's home; C. To nuxlify the existing Orders so us to allow the father three (3) wecke per year of vacation time with the child; D. To modify the Court's June 30, 1998 Order to replace Sully Rcwney as the panics counselor with any counselor that the panics may obtain under the auspices of the Vetenut's Administration Counseling Prognuns; E. For his reasonable attorney fees incurred in filing this petition; F. Arry and all other relief this Court may deem appropriate. Respectfully submitted, Dated: ~ 7 / 1 ~~ , 1998 ~ ~~ ~ ~ ~ ~~ lames . Kayer, SFt Libert ,Loft 4 E. L~berty~venue Carlin e, PA' 7013 (717j 243-7922 lE- DIANE LOUISE ROSEN, Plaintiff vs. JEFFREY ROSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION y~ar~-~ /.,~ 9 j'(',~' . ORDER OF COURT AND NOW, this R~ day of ~~Ce•..~•t.J , 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. _.The.prior~Or er of his Court dated May 30, 1997, is vacated and replacedSw ~~ -'P ".,: .~ ''2' ~ uise Rosen, and the Father, Jeffrey Rosen, steal a ~ a of K le ry 1995. -.=._ _`~"??_ _ ~!!°~' Y Y R. Rosen, born Janus 2, 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 8:00 p.m. through Sunday at 8:00 p.m. Zn the event the Father has to work on the Friday of his weekend period of custody, the Father shall give the Mother at least five (5) days advance notice and the parties shall make arrangements for the Father to have custody on that weekend from Saturday at 9:00 a.m.• through Monday at 9:00 a.m., unless the Mother had previously made other arrangements. The Mother shall not unreasonably withhold consent to the Father's request to adjust the weekend period of custody. 5. The Father shall also have partial physical custody of the Child one day per week on a weekday from 3:00 p.m., when the Father shall pick up the Child from daycare, until 8:00 p.m. The Father shall provide the Mother with advance notice of at least two days and the Mother shall not unreasonably withhold her consent to schedule a weekday period of partial custody under this provision. 6. The Father shall have custody of the Child for vacation eight (8) days per year (consecutive or non-consecutive) upon providing advance notice to the Mother of at least two (2) weeks. 7. In the event the Mother requires care for the Child, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide care for the Child before contacting third party babysitters. 8. The parties shall share or a).ternate having custody of the Child on holidays as follows: A. CEIItISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas CXIIIBIT "A" pay at 12:00 noon and the Father shall have custody of the Child from Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. =~: In every year, the Muntil 2:00 p.m a andtody of the Child on_ Thanksgiving Day Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C, ~,1 )CEAILS: In every year, the Father shall have custody of the Child from New Years Eve at 5:00 p.m. until New Years Day at 8:00 p.m. D. EASTFlt- - Motherhall have custody of •the ..: ev.~ ~Ch d ter E, L_ ~.%JpL ~~ In even numbered years, the Mother shall have custody "of the Child on Memorial Day and Labor Day and the Father shall earse cthe~Father sh 1111have July 4th. In odd numbered y custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. F, MpT~2~S DAY/FAT~It'S I)AY: The Mother shall have custody of the Child every year on Mother~ear~on Fatheres payer shall have custody of the Child every y 0. CAILp'S g1~AY: Both parties shall be entitled to have a period of custody with the Child on his birthday at times to be arranged by agreement of the parties. 9. 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 agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE COURT, 15~~ ~ r_c,o-~. C~`"~•~ 'ice J. cc: Marcus A. McKnight, III, Esquire - Counsel for Mother John W. Frotmrer, Esquire - Counsel for Father TR.1)E COPY FROM RECORD In Test nr - "• I~ ~•'of, I h:rr: unto set my hand and tha sca, of s~:d Cour1 at Carlisle, Pa. ~~ This . R........... day of....o~.:S-c ..... 19....... ................. ..r...~.................. ~~~, Prothonotary . ___~_ --- _._ ,• .. ~ r DIANE LWISE ROSEN~ IN THE CDURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 97-1326 CIVIL TERM JEFFREY ROSEN, CIVIL ACTION - LAW Defendant CUSTODY/VISITATION PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY ODNCILIATION.SLPAIARY '-4,~ I i. IN AOOORDANCE WITH C[RQBEItLADID COUNTY RULE OF CIVIL PROCED[TRE 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: DATE OF BIRTH CDRRFI•fl4.Y IN CUSRUDY OF Kyle R. Rosen January 2, 1995 Plaintiff/Mother 2. A Conciliation Conference was held on November 25, 1997, with Mother, Diane Louise Rosen and her counsel, Marcus A. McKnight, III, Esquire present in the Conciliator's office and the Father, Jeffrey Rosen, with his counsel, John W. Frommer, Esquire participating by speaker phone. 3. The parties agreed to entry of an Order in the form as attached. ~cern.bt~ ..7 / 5S ~ Q/~ _ ~~~.r.cC~., Date ~ Dawn S. Sunday, Esquire Custody Conciliation DIANE LOUISE R0.SEN~ Plaintiff vs. JEFFREY ROSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY QSDFl2 OF COURT AND NOW, this 3U f~ day of cc{1~ , 1998, upon consideration of the attached Custody Concil at on Report, t is ordered and directed as follows: 1. The prior Order of this Court dated December 8~ 1997 shall continue in effect. 2. The parties shall participate in a course of counseling with Sally Rooney. The purpose of the counseling shall be to assist the parties in developing cortmunication between the parties and cooperation in co-parenting their Child. The parties shall share all costs of counseling equally. The parties shall provide all necessary waivers or releases to enable the counselor to obtain any information deemed necessary concerning either party or the Child. 3. The Father agrees that his Petition for Contempt dated May 20, 1998 shall be withdrawn. BY THE OOURT, J. Wesl y Oler~ Jr., cc: Marcus A. McKnight, Esquire - Counsel for Mother James J. Kayer~ Esquire - Counsel for Father TRUE ~,ppy R In Tastyrwr~, why. ~ u RE'~i~ ei A ~rh9~M~ Dt0 tet Tw._(Y~ ~ ~tiYCQl~,1 r n_...~_. 111111T "H" DIANE LWISE ROSEN~ Plaintiff vs. JEFFREY ROSEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY OONCILIATICN SUMMARY REPS IN AOODRDANCE WITH COMHERLAND COUNTY RULE OF CIVIL PROCgDURE 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: N1~ME DATE OF BIIt1E CURRENTLY IN CU51C)DY OF Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held on June 23, 1998, with the following individuals in attendance: The Mothers Diane Louise Rosen with her counsel, Marcus A. McKnight III, Esquire, and the Father, Jeffrey Rosen, with his counsels James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION OF PLEADINGS I have read the statements made in this document and to the extent that it is based upon information which has been given to me it is true and correct to the best of my 1mowledge, information and belief. I have executed this document on behalf of my client who is currently unavailable to execute a verification. The Defendant's signed verification shall be submitted to the court at a later date. I understand that false statements herein aze made subject to the penalties of PA. C.S. Section 4908, relating to unsworn falsification to authorities. Dated: ~ Z ~Z 7 1998 CERTIFICATE OF SERVICE I hereby certify that a tn~e copy of the foregoing Petition for Contempt and Modification of Custody was served on the following person(s) by Fiat Class moil, postage prepaid by forwarding a tme and corcect copy unto: Marcus A. McKnight, Esyuire 60 West Pomfret Street Carlisle, PA 17013 Dated: I'~ ~ " ~ ;' 1. 4 E. ~.ibertyf Avenue Carlisle, Ppp(( 17013 '' (717) 243-7922 I P' 1 , i ~P z t i.i~~, I P `~¢ t .a _ 4 V S J t' F t i P-1 ?f ? ` F ~If'"d4CLe~~if 4 P ty 4 4 f :' ~ t v. ~ t ' !~ !i Y ~ ~ ` ~1 1 ~ l . i4~ 'r'-. µ t~ ` F P ~;. , ~ t t L3.rsE1 5" }tiY ~ ~ 1 fb t r ~ } 4 tt ~~. b k r .~ ~`~t'~'it #; t r i~&^: t #r r~ "C 2 y ~ . ~ St4_I iP ~... ~~s~ ~.. ivta s .. ~ F i i .. P,~ ~ x{~. .. Cx.~~ifNa~~~.v>a~: ~Y;r14'~~w! a+ ~i a i R ( r~i' f ~fi ~ ., , ~: c ~. r~ vy~..,~ °~s *-;.x ~> r p ~i? t iay a r % ~' l F ~ ~ ~ i{y 4 P i ~ } ~ t .F m~ t ' Y' ~ G Y y, 'y a~p'~°. ~a k ~-»i i 4.w4ii.~ ~ 1 zt ~~~ *r ;t ~ ~ b P tyt t 4 t t ~ x ~ ~ ; ~. - w t .. 'S ~':ya H'ti ~ a;± ,_t __ _ _ _. _ .''a . ~ ' 4 ~ '. • ~ q it DIANE LWISE ROSEN, Plaintiff va. JEFFREY ROSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF oOURT AND NOW, this 7 .~ day of , 1999, upon consideration of the attached Custody Conc list on Report, t a ordered and directed as follows: 1. The prior Orders of this Court dated December 8, 1997 and June 3, 1998 are vacated and replaced with this Order. 2. The Mother, Diane Louise Rosen, and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 3. The Mother shall have primary physical custody of the Child. 9. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 8:00 p.m. through Sunday at 8:00 p.m. In the event the Father has to work on the Friday of his weekend period of custody, the Father shall give the Mother at least five days advance notice and the parties shall make arrangements for the Father to have custody on that weekend from Saturday at 9:00 a.m. through Monday at 9:00 a.m., unless the Mother had previously made other arrangements. The Mother shall not unreasonably withhold consent to the Father's request to adjust the weekend period of custody. 5. The Father shall also have partial physical custody of the Child one day per week on a weekday from 3:30 p.m., when the Father shall pickup the Child from the daycare provider, until 8:00 p.m. The Father shall not schedule his periods of custody under this provision on Wednesday evenings during the school year, when the Mother takes the Child to church for scheduled activities. In the event the Father is not able, due to his work schedule, to schedule a period of custody under this provision on a weekday other than Wednesday, the Father shall be entitled to make up the missed period of custody during the next week, so that the Father will have two periods of weekday custody in the following week. The Father may schedule his periods of weekday custody under this provision on Wednesday evening during the summer school vacation, when the Wednesday evening church activities are suspended. For all periods of weekday custody under this provision, the Father shall provide the Mother with advance notice of at least two days and the Mother shall not unreasonably withhold her consent to schedule the weekday periods of partial custody under this provision. 6. When the Child is not attending preschool or regular school X11 _ 1i~1 rr 199 t: -:; ii 7:35 CU..'.: , ,~~~, on a particular day and the Father is also available on that day, the Father may have custody of the Child for any part of the day upon providing at least two days advance notice to the Mother. 7. Each party shall be entitled to have custody of the Child for three weeks (with no more than two weeks tc be scheduled consecutively) during each year upon providing thirty days advance notice to the other party. 8. In the event the Mother requires care for the Child, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide care for the Child before contacting third party babysitters. 9. The parties shall share or alternate having custody of the Child on holidays as follows: A. CfII2IS'111AS: In every year, the Mother shall have custody of th~ld fran Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the Father shall have custody of the Chi19 from Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. 741AIaCSGIVIIdG: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. Id3V YEARS: In every year, the Father shall have custody of thud from New Years Eve at 5:00 p.m. until New Years Day at 8:00 p.m. D. BJISPFR: In every year the Mother shall have custody of the -on Easter Sunday. E. !ffi9DRIAL DiASC/JULY 4th/LABQ2 DiAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. in odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 9th. F. M074~R'S DiAY/FATEIFR'S DWY: 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. G. CBILD'S BIItTHDAY: Both parties shall be entitled to have a period of custody with the Child on his birthday at times to be arranged by agreement of the parties. 10. The parties shall continue to participate in the course of counseling with Sally Rooney. The purpose of the continuing counseling shall be to further assist the parties in developing communication between the parties and cooperation coparentin9 their Child. The Mother shall be responsible to pay all unreimbursed costa of counseling. 4fie parties shall provide all necessary waivers or releases to enable the counselor to obtain any information deemed necessary concerning either party or the Child. 11. This Order is entered pursuant to an agreement of the parties at a Custody conciliation Conference. 2fie 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: Marcus A. McKnight, III, Esquire - Counsel for Mother 'I C James J. Kayer, Esquire - Counsel for Father ~cr~-It~ N'1~~~~C 3/~~! ~~ BY THE COURT, DIANE LWISE ROSEN~ Plaintiff , vs. , JEFFREY ROSEN~ , Defendant , PRIQ2 JUDGE: J. Wesley Oler~ Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSZnDY CONCILIATION SUMMARY REPORT IN AOCDRAANCE WTTB C[lIDBRLAbID CDUNTY RULB OF CML PROCED[IItB 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: N1~ DATB OF BIRT[1 C[II2RHSTLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held on February 18, 1999, with the following individuals in attendance: The Mother, Diane Louise Rosen with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Jeffrey Rosen, with his counsel, James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire ~- Custody Conciliator ~: ;. x DIANE LOUISE ROSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW JEFFREY ROSEN, NO. 97-1326 CIVIL TERM Defendant/Petitioner IN CUSTODY ORDER OF COURT SEP ~ ~~ AND NOW, this ~_ day of ~ , 1999, upon consideration of the attached Petition For Modificati n of Custody Order, it is hereb directed that the parties and their respective counsel shall appear before ~~-- (7\~C6~ ~~ . ,Ithe Conciliator, at•~ll~~_ (tTty)n(1[ ~(C. (tom-~Nroo',c_ onthe o1Tt~day of _ G-Yn h.~. , 1999 at R: 30 o'clock . m, for aPre-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. FOR THE COURT, aY: ~ Qr~.~C ~ ~ QAAy1 ~~ . Custody Conciliator (~~ The Court of Common Pleas of Cumberland County is requ'ved by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 ~ ~~• CUB:' . ~~ .1Y ' I ~~ ,~, ~ /0•/•99 ~• ~~,% ~' ~ DIANE LOUISE ROSEN, : IN THE COURT OF COMMON PLEAS OF PlalntifUReapondent :CUMBERLAND COUNTY,PENNSYLVANIA V. CIVII. ACTION -LAW JEFFREY ROSEN, N0.97-1326 CIVIL TERM Defendant/Petitioner 1N CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Petitioner, Jeffrey Rosen, by and through his attorney, Jacqueline M. Verney, Esquire and respectfully represents the following 1. The Petitioner is Je~ey Rosen, whose address is 64 E. Loather Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Diane Louise Rosen, who resides at 123 E. Loather Street, Carlisle, Cumberland County, Pennsylvania, 17 013. 3. An Order of Court was entered on March 2, 1999 for physical custody of Kyle R Rosen, DOB 1/2/99, a true and correct copy of which is attached hereto as Exlilbit .,A., 4. The Order should be modified because Petitioner is able and willing to care for the child on a shared custody basis. 5. It is in the child's best irterests to modify custody because: a. Petitioner can provide a loving, caring, nurturing environment for the child. b. Petitioner will cooperate and communicate with respondent for the periods of shared custody. 6. Petitioner requests that the Order bo changed to provide for Petitioner and Respondent to have eharcd physical custody. WHEREFORE, Petitioner requests that the Court modify the existing Order for Custody becauso h will bo in the best interest of the child. Respectfully submitted: Dace: 9/~ 1 ~9~ ~ i acgi line M. Verney, Esquire Supreme Ct. ID 23167 44 South Hanover Street Carlisle, PA 17013 Attorney for Petitioner VERIFICATION I verify that the statemnts made in the within Petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penahies of 18 Pa. C. S.A. § 4904 relating to unswom falsification to authorities. Dated: 9 /i 4/~ Je Rosen r UIMII; Lf0.11S1i ROSIiN, I'.laintiCr vs. ,IIi1~FIti:Y R0.SI:Nc UefendanC ]N TIIL•' CCIURT OF CO(•1MOIJ PLEAS OF CUMUFiRLAIJU COUNTY, PF.IJNSYLVANIA IJO. 97-137.6 CIVIL 1'EItM CIVIL ACTION -LAW IN CUSTODY Oit1J1~~2 UI.~ OOUIYI' ANU NOW, Chis ~•~`c L day of /7~: J n,~ .1999, upoD consideration of. the attached L'ustody Conciliation Ite rt, it srordered and directr`d as follows: 1. The prior Orders of. Chis Court dated December tl, 1997 and .lunr± 3, 199R are vacated and replaced with this Order. 7.. 7t,e Mother, Diane Louise Ro.^en, and the Father, Jeffrey Ito:;en, :;hall have shared .legal cusLorly of Kyle R. Rosen, born January 2, 1.975. 3. The Mothec shall have primary physical custody of the Child. 4. The bather shall have partial physical custody of the Child on alternating weekendn Iran 6'riday at F7:00 p.m. through Sunday at f3:00 p.m. L, t:hc event Che h'alher has to work on the Friday of his weekend period of custody, L•he Fal:hr±r. rl,al] give the Mother at leasL• five days advance notice an<l t:ho hartic:; ;;hall nw~ke arranyeun:nts fur the Father to have custody on that weekend from :.il'urday aC 9:00 a.m. through t•londay at- 9:00 a.m., unless Llic Mother had previously nude other arrangement::;, The Mother :;hall not in,roa;;onahly withhold consent to the Father's requesl• to adjust the weekend p~'riaJ of custody. 5. 1'he Prather shall also havr p,rCia] physical custcxly of the c'hi Ld one day f„'r week, on a weekday frau 3:3U p.m., when L•he i'at:her shall hSckrrp the Child fran Che daycare provider, until fi;00 p.m. The Father rliaLl not schedule his Ix_•riocis of custcxiy under Lhis provision on tednesday evr~nirn.IS during the school year, when Lhe 19other I:akes the Child to church for srhodulai acLiviCies. In Che event the Father is not able, due to his w:,rl; ;x:hechrle, Co schedule a Imriod oL custody under this provision on a wooL'chy M:her than Wednesday, Lhe Father shall Ir_ entitled to make up the missed I+~r:i«7 0l: custody during Cha next week, so that the Father will have two periods of weekday cust-cxiy in L•he tollowing week. The Father may :'^li^cinle his Ix•ricrL; of weekday custcxiy under this provision on Wednesday rvonirxl durirxl the sunnier school vacation, when the Nednesday evening church activilics are ^uslx~nriecl. Foe- all L,eriods of weo4;clay custody under this prcwision, Che Father :;hall provide the Mother with advance notice of at least' two days and Che Mother shall not unreasonably withhold her consent to ::r_hedulo the weekday Ixriod.^, or partial cuslaly under this provision. G. lVtien Chi Child i:: not aCtending preschool or regular school E ~ ,.~ ,. on a I:u:C'icuLir ckry and Chn Father is al ,-~ available on Chat cloy, the Father mny h.-rve cusCcxly oC the Clrild for any Ik~rC of the day upon providing at ]rust Lwo days advance notice Lo Che hluCher. r 7. I~~ich L~rty shall lie enCitled to have cusL•ody of C•he Child for three weeks (with no more than two weeks to lx scheduled consecutively) durirrl each year ulna provtdirxl thirty days advance notice to the other I.~rty. Et. In the event the Mothee requires care for the Child, the 1•toCher shat] make n reasonable effort Co provide the Father with an uplx,rtnnity C•o provide care Cur Che Child before contacting third party hahysittcrs. 9. The w-ties shall share or alternate having custody of the child on holida}:~ as follows: A. CIIft1S1T11V;: ]n every year, the Clother shall have custody of L•h~ld Iran L'hristmas Eve at 12:00 noon until Chriatnras Uay at 12:UU noon and the Father shall have custody of the Chile] Cran ChrisCnras Uay at 12:UU noon through December 2G when the Mcther returns Iran work or as otherwise ayreed by Chc Ix~rCies. fl. T7IANKSC.IYINC: ]n every year, Chc I•tother shall have custody oC the Child on 'Thanksgiving llay until 2:00 p.m. and the Father shall have custody of the Child trom 2:00 p.m. until (1:U0 p.nr. C. Nt3V Y41ARS: In every year, the Father shall have custody of the Child from New Years Eve at ~i:00 p.m. until New Years I>ay at U:UU o.m. D. fiASTl:It: In every year the t•lother shall have custody of the Child on Fsster Sunday. I•:. MI.7•IOIt1AI. UAY/.IUI.Y 4t:Ir/I.AIIOIt DAY: In even numbered years, the Mother shall (rave custody of Che Child on Fiemor.ial Day and Tabor Ikiy and the [•'ather shall have custody of the Child on July 4th. Lr cxkl nrvnbered years, the Father shall have custody oC the Child on Memorial lkiy and Labor Ikay and the t•folher. shall have custody of the Child on July 4th. F. MC1171172'5 UAY/I~A'171I.7t'S UAY: The Mother shall have custody of Llre Child every year on Flother'., Uay and C'he Father shall have custody of Che Child every }•er•r. on t•'ather's Day. G. (:II1LU'S IIlR'l'IIUAY: fioCh Ixrrtien sl~nll lm entit]ed to have a ~.ecicxi of custody a•iCh llr~ Child c•n his birthday al• times to be arranged by agreement of C•he Ikirties. lU. The Ivrrtien :,Ir:ll cunCinue to 1»rticihate in Che course of counseling wiCh :;ally Roone}. The purpose oC the continuing counseling :.hall Lie Co further assist the p~rtics in dovelopiny communication between Che larties and coo{r_ration cop~renlirx{ their Child. The Mother shall be renixnuible to {xiy all unreirrLurced costs of counneliny. The [kitties shall r•rovick al] n~rccssary waivers or releases t.u enoble Lhe counse]or to obtain any inCornralion deemed necessary concerniny either (kitty or the Child. 11. This Ordcc is entered pursuanl.• to an agreement of the parties nt a Custody conciliation Conference. The parties u~iy nadity L•he provisions oC this Order by unrtunl consent. In Che absence of muL•ual consent the term9 of. this Order ::hall control. by '1'IlE COUkTr 1 J, r_slcy Olcr,~ ,I,' cc: r•tarcus 1~. r•1eKniyhtc lII, F~quire -Counsel for Mother :rartr_s ,7. Kayer, Psyuire -Counsel for Father 7811E t;nf'Y C-~RO~JI RErnr~D In iaslim~ny vrireoi, I here unba scl my hand an,a tho s~ai cl snld Court at Carlisio, Pa. lhls zc~ day ol,/~ncl,, 19 '`~ Pr thmiolary a ~ i~ s, +~~ ~ ~ ~ v .. . j ; Iz ~ ~ } ~ i>"s _ , s z,3 hG `'' r ~ F °'~ t~~4~ ~~ ~ ' 4H ItL : S S ~ ~ ~ R ~ ' }. I, r f 4lt'J F ( ~ ~"F}Z 4 - 't 4 ) ! .l; Y r xa ' ~ iii ~f 1~ c G~r3 t'9 r 1 ~ F Yy ~ 1< .K ~ T ~ ~ t ~4x' .yF I ' ' '' 4 q t ~ ~ ! fl 1. 1 t, ~ .~ r ~"~>: v~ ~ r . ~ I ~ ~yi'y4 4` 4 a 'k 3 t y S ~~ ~ = a ~ ~ ~ ; < ~, ) Z i ~ fi 1 _ 2 4 y ' YS ~h I : ~R t i+ M kyi ~ ~~~ ~ F ° ~ ~ 'Y ~~ ' I u~ l x l ,' V _ Y t ft ~ LY ,- . n~~t`j _, j `. , F9E~ ~ n r - _ _ a ~r~~~ y { ~ t I '}_a ~.rJ F .crC 11 .1' . t. ~ .: ~ NOV 15 19 DIANE LWISE ROSEN, IN THE COURT OF OOMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA >- _. vs. N0. 97-1326 CIVIL TERM c.. CIVIL ACTION - LAW JEFFREY ROSEN, . Defendant/Petitioner IN CUS1t~DY i ,' ~'~ .. :~r~ ORDFR OF OOURT j s c~ / AND NOW, this ~~`~ day of ~ Ov .-, ~~' , 1999, upon consideration of the attached Custody Conciliation Report, t a ordered and i directed as follows: 1. The prior Order of this Court dated March 2, 1999 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 Stanley Schneider, PhD. or other professional selected by the Mother. The purpose of the evaluation shall be to obtain independent recommendations concerning the Father's request for additional periods of custody with the Child. The Mother shall be responsible to pay all costs of the evaluation. 3. The alternating weekend custody schedule shall be modified to enable the Mothec to have custody of the Child for her wedding on January 15, 2000 as follows: The Father shall have custody of the Child from 8:00 p.m. on January 14, 2000 through January 15 at 10:00 a.m. The Mother shall have custody of the Child from January 15 at 10:00 a.m. through 8:00 p.m. The Mother shall provide all transportation to and fran the Father's residence for this period of custody. The Father shall be entitled to select a 10 hour make-up period of custody. 4. The Father may pick up the Child directly at the Child's day care center in New Cumberland on days when the Child is in day care at the beginning of the Father's period of custody. All other exchanges of custody shall take place at the Country Kitchen Restaurant in front of the Cane Hill Mall. 5. Zhe parties agree that subsequent to the Mother's impending relocation to York County, jurisdiction of the custody issues shall remain in Cumberland County. 6. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the parties are not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 7. 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 mnsent~ the terms of this Order shall control. cc: Marcus A. McKnight III Esquire - Counsel for Mother ~ ~~~, ~~/~gM 9, Jacqueline M. Verney, Esquire - Counsel for Father ~ ~ ~ p BY THE COURT DIANE LOUISE RQSEN, Plaintiff/Respondent va. JEFFREY RQSEN, Defendant/Petitioner PRIOR JUDG3: J. We~eley Oler, Jr. IN THE OOURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY OQJCILIATICN SUMMARY RBPORZ' IN AOOCRDANCE WITH C[I~BER[J1PID COUNTY RULE OF CML PRDCED[ktB 1915.3-8, the undersigned CUatody Conciliator submits the following report: 1. The pertinent information rnncerning the Child who is the subject of this litigation is as follows: DATE OF BIIY141 Kyle R. Rosen January 2, 1995 CUt2REtJPLY IN CUSTODY OP Mother 2. A Conciliation Conference was held on November 9, 1999, with the following individuals in attendance: The Mother, Diane L. Rosen, with her counsel, Marcus A. McKnight, Esquire, and the Father, Jeffrey Rosen, with his counsel, Jacqueline M. Verney, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Nor /o 195 Date ~ Dawn S. Sunday, Esqu re Custody Conciliator DIANE LOUISE ROSEN IN'I'IlE COURT' OF COMMON PLEAS OF PLAINTIhF CUMBIiRLAND COIJN'I'Y, PIsNNSYLVANIA V. JEFFREY ROSEN 1997-1326 CIVII. ACTION LAW DEFENDANT IN CUS"I'ODY AND NOW, this 22nd day of June , 2000, upon consideration ot'the attached Complaint, it is hereby directed that the panics and their respective counsel appear bcforeHubert X. Cllroy, Esq. ,the conciliator, at 4th Floor, Cumberlond County Courthouse, Carllslc on the 14th day of September , 2000, x19:30 AM for a Prc-Hearing Custody confcrcncc. At such confcrcncc, 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 confcrcncc. 1'ailurc to appear at the confcrcncc may provide grounds for entry of a temporary or permanent order. FOR'f1iG COURT, By: Js/ Hubert X. Gilroy, Esq.~L_ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs 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'I'FIIS 1'AI'!iR'I'O YOUR A'I-1'ORNIiY A7' ONCE. IF YOU DO NOT IfAVE AN A'I'fORNEY OR CANNOT AFFORD ONIi, GO'I'O OR'I'IiLEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN Gls'1' LEGAL. HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-31GG ~,(; „~I i ~1 ,'~;:~~iC,..~. ,~ DIANE LOUISE ROSEN, (TOKACH) Plulntiff/Respondent V. JEFFREY ROSEN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 97-1326 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of _, 2000, upon consideration of the attached Petition For Civil Contempt, it is hereby directed that the parties and their respective counsel shall appear before the Conciliator, at on the day of .2000 at o'clock . m., for aPre-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 nlso be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contnct our office. All arrangements must be made at least 72 hours prior to nny hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFl'ICE SET FORTH BELOW'I'0 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717)249-3166 DIANE LOUISE ROSEN (TOKACH) Plaintiff/Respondent v. JEFFREY ROSEN, Defendunt/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA No. 97-1326 CIVIL TERM CIVIL ACTION- LAW (N CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, comes Petitioner, Jeffrey Rosen, by and through his attorney, Jacqueline M. Verney, Esquire and represents the following in support of his Petition for Civil Contempt: 1. Petitioner is Jeffrey Rosen, who resides at 51 I Grandview, Lewisbeny, York County, Pennsylvania 17339. 2. Respondent is Diane Louise Rosen Tokach, who resides at 14 Russian Road, Etters, York County, Pennsylvania. 3. The Petitioner and Respondent are the pazents of Kyle R. Rosen, born January 2, 1995. 4. Two Custody Orders, dated November 16, 1999 and March 2, 1999, entered by the Honorable J. Wesley Oler, Jr. are presently in effect. True and correct copies of said Orders are attached hereto as Exhibit "A" and "B" respectively. 5. Respondent has willfully failed to abide by the Orders in that: a. Mother intentionally scheduled her vocation with the child over Father's Day thereby denying Father his period of custody on Father's Day in violation of Paragraph 9F of the Order of Marclt 2, 1999. b. Mother has intentionally denied Father his weekly period of custody from 3:30 p.m. to 8:00 p.m. since April 21, 2000 in violation of Paragraph 5 of the Order of March 2, 1999. c. Mother has intentionally denied Father his periods of partial custody of the child when the child is not attending day care in violation of Paragraph 6 of the Order of March 2, 1999. d. Mother has intentionally denied Father the opportunity to care for the child when Mother is not available, in violation of Paragraph 8 of the Order of March 2, 1999. e. Mother has instructed the child's daycare provider not to permit Father access to the child's school records in violation of Paragraph 2 of the Order of March 2, 1999. E Mother has intentionally failed to schedule appointments in a timely manner with Dr. Schneider to obtain the custody evaluation in violation of Paragraph 2 of the Order of November 16, 1999. WHEREFORE, Petitioner requests that Respondent be held in contempt of court. Respectfully submitted, ~~~~~/~~ 0-C, ~w•C,~..-tee ~1• ~~ -~^---<--e acq ~linc M, Verney, Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717)243-9190 Attorney for Petitioner VERIFICATION I verify that the statements made in the within Petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: (~ ~ I ~ ~ Z o o ~i Jeffre Rosen DIANE LOUISE ROSEN, IN THE OOURT OF OOhN10N PLEAS OF Plaintiff/Reepondent CUMBERLAND COUNTY, PENNSYLVANIA va. NO. 97-1326 CIVIL TERM CIVIL ACTION -LAW JEFFREY ROSEN, . Defendant/Petitioner IN CUSTODY ORDER OP OOURT MID NOW, this /(p~ day of ~~n„o,,,p,Q," , 1999, upon consideration of the atte ed Custody Conc at Report, t e ordered and directed as follows: 1. The prior Order of this Court dated March 2, 1999 aha12 continue in effect as modified by this orapr_ 2. The parties shall submit themselves, their minor Child and any other individuals deemed necessary by the evaluator to a custody evaluation to be perforn~ed by Stanley Schneider, PhD. or other professional selected by the Mother. The purpose of the evaluation shall be to obtain independent reccmnendations concerning the Father's request for additional periods of custody with the Child. The Mother shall be responsible to pay all costa of the evaluation. 3. The alternating weekend custody schedule shall be modified tc enable the Mother to have custody of the Child for her wedding on January 15, 2000 ae follows: The Fathec shall have custody of the Child from 8:00 p.m. an January 14, 2000 through January 15 at 10:00 a.m. The Mother shall have custody of the Child from January 15 at 10:00 a.m. through 8:00 p.m. The Mother shall provide all transportation to and from the Father's residence for this period of custody. The Father shall be entitled to select a 10 hour make-up period of custody. 4. Tfie Father may pick up the Child directly at the Child's day care center in New Cumberland on days when the Child ie in day care at the beginning of the Father's period of custody. All other exchanges of custody shall take place at the Country Kitchen Restaurant in front of the Camp Hill Mall. 5. The parties agcee that subsequent to the Mother'e impending relocation to York County, jurisdiction of the custody iaeuea shall remain in Cumberland County. 6. Upon ccxnpletion of the custody evaluation and receipt of the evaluator's recamiendationa, in the event the parties are not at that time able to reach an agreement on all of the outstanding custody iaeuea, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. ~.,. .. .. . ` . ~~ '~~~„ 7. 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 conaent~ the terms of this Order shall control. BY THE COURT J~eYey~ O1 ~ Jr. ~~-J. cc: Marcus A. McKnight III, Esquire -Counsel for Mother Jacqueline M. Verney, Esquire -Counsel for Father .. CQ: ~ :~. , ~ In 1 . ~ ~,. ,:; h, ~ -! ;r.~ hand and the seal n; : ~ ; r,: ~i~le, . a. This ....~8__~,,nn'_ dnnay o. ~.a'!!-~...., 19.99.. ..............~JRs.~i ~ . Fr~ n........_... U DIANF, LOUISE RQSEN, Plaintiff va. JEFFREY ROSEN, Defendant U IN THE OJURT OF COMMON PLEAS OF : CUMBERLANn ~YINRN. OFTTNCVT.VAUrA N0. 97-1326 CIVIL TERM CIVIL ACTION - r.ew IN CUSTODY ORDER OF COURT i AND NUW, this ,~v<<- day of ~ , 1999, considoratien of the attached Cu°atody Conc 1 at on Re ort, t a ordered amend directed ea follows: 1. 1fie prior Orders of this Court dated Deceeber U, 1997 and June 3, 1998 are vacated and replaced with this Order. 2. The Mother, Dia~ie Louise Rosen, and the Father, Jeffrey Rosen, shall have shared legal custody•of Kyle R. Rosen, born January 2, 1995. 3. The Mother shall have prirtwry physical custody of the Child. 4. The Father shall have partial physical custody of the Child an alternating weekends fran Friday et 8:00 p.m. through Sunday at 8:00 p.m. In the event the Father has to work on the Friday of his weekend period o! custody, the Father atiell give the Mother at least five days advance notice and the parties shall make arrangen~enta for the Father to have custody on that weekend from Saturday at 9:00 a.m. through Monday at 9:00 a.m., unless the Mother had previously made other arrangements. The Mother shall not unreasonably withhold consent to the Fathers request to adjust the weekend period of custody. 5. The Father shall also have partial physical custody of the Child one day per week an a weekday from 3:30 p.m., when the Father shall pickup the Child from the daycare provider, until 8:00 p.m. 4rie Father shall not schedule his periods of custody under this provision on Wednesday evenings during the school year, when the Mother takes the Child to church for scheduled activities. In the event the Father is not able, due to his work schedule, to schedule a period ,of custody under this provision on a weekday other than Wednesday, the Father shall be entitle8 to make up the missed period of custody during the next week, so that the Father will have two periods of weekday custody in the following week. The Father may schedule his periods of weekday custody under this provision on Wednesday evening during the summer aGhool vacation, when the Wednesday evening church activities are suspended. For all periods of weekday custody under this provision, the Father shall provide the Mother with advance notice of at least two days and the Mother shall not unreasonably withhold her consent to schedule the weekday periods of partial custody under this provision. 6. When tiie Child is not attending preschool oc regular school ,~ ~ ,. x U on a p<~rticular day and the Father is als~~ available on that day, the Father may liuve custody of the Child for any part of the day upon providing at ]east two days advance notice to the Mother. 7. Each party shall be entitled to have custody of the Child for three weeks (with no more than two weeks to be scheduled consecutively) during each year upon providing thirty days advance notice to the other party. B. In the event the Mother requires care for the Child, the Mother shall make a reasonable effort to provide the Fetlwr with an opportunity to provide care for the Child before crontacting third party babysittere. 9. 7fie parties shall share or alternate having custody of the rtiild on holidays as fellows: A. CIIItIb'it7A.S: in every year, the Mother shall have custody of tTie~d from Christmas Eve at 12:00 noon until Chriatrtas Day at 12:00 noon and the Father shall have custody of the Child from Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. Z1iANKSGIYINC: In every year, the Mother shall have custody of tl:e Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 0:00 p.m. C. Nd~ YEARS:, In every year, the Father shall have custody of theChild from New Years Eve at 5:00 p.m. until New Years Day at 8:00 p.m. D. EASTER: In every year the Mother shall have custody of the Ch li d on Faster Sunday. E. MEMOIiIAI. DV1Y/JULY 4th/GNtOft DJ1Y: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. F. MOTRER'S DV~7c/FATtIIIt'S DAY: The Mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. G. Cf1ILD'S BIR.'f1~11Y: Both parties shall be entitled to have a F~eriod of custody with Che Child on his birthday at times to be arranged by agreement of the parties. 10. The parties shall continue to participate in the course of counseling with Sally Rooney. 'itie purpose of the continuing counseling shall be to further assist the parties in developing camnunication between the parties and cooperation coparenting their Child. The Mother shall be responsible to pay all unrein~bursed costa of counseling. The Parties shall rrovide all necessary waivers or releases to enable the counselor to obtain any information deemed necessary concerning either party or the Child. 11. This Order is entered pursuanl• 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 crontrol. ©Y THE COI11iT, ~ J esley Oler, ~~-J. cc: Marcus A. McKnight, III, Esquire -Counsel for Mother ,lames J. Kayer, Esquire -Counsel foc Father TRUE GOE'Y FRO~JI RECORD In Tastlm~ry vrirorenl, I here unto set my hand Thl the ~~ old3yld Court at Carlis19 P~ .~,' ~ /g Pt honorary ~- ~~ _ ~~ . -; •-- 3 -, ~i -5 __ ,~ ;;. a ~ ~~i~~~w x s i7 „< ~ - ~~ ~ ~~ad a w , ` 4~5µ 3 ' . ... ~ v M1 1~ q '~ _ ~ S,~ }~ ~ ~ . a N ~ ~ ~XN ~a 1 _ !~'£\ 1 v .~ t ~ S _ _ _ _ ~.. _ __ ___ _ __ f: { ,~Ge ;. ~,;y, ~r., a _:. F r S .,y~y~ F ~ Yt ~~~ ~~~ ~w f,+ _ ... ~. ~~_ 16 W `y~/p~ DIANE LOUISE TOKACH (formerly ROSEN), Plaintiff vs. JEFFREY ROSEN~ Defendant IN THE OOIJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY QiDER OF 00[IItT AND NOW, this (,'~ ' "' day of SC ~C -,lpJ , 2000, upon consideration of the attached Custody Conc 1 ton Reports t is ordered and directed as follows: 1. Zfie prior Orders of this Court dated March 2, 1999 and November 16, 1999 are vacated and replaced with this Order. 2. The Mothers Diane Louise Tokach, and the Fathers Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. Each parent shall have an equal right, to be exercised jointly with the other parents 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. 3. Tfie Mother shall have primary physical custody of the Cfiild. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child from Saturday, September 9, 2000 at 9:00 a.m. through Monday, September 11, 2000, when the Father shall transport the Child to school, and from Saturday, September 23, 2000 at 9:00 a.m. through Monday, September 25, 2000, when the Father shall transport the Child to school. B. 1fie Father shall have custody of the child from Saturday October 7, 2000 at 9:00 a.m. through Monday, October 9, 2000r when the Father shall transport the Child to the Mother's residence no later than 10:00 a.m. C. Beginning Friday, October 20, 2000, the Father shall have custody of the Child on alternating weekends from EYiday at 8:00 p.m. through Sunday at 8:00 p.m. D. Beginning Thursday, October 5, 2000, the Father shall have custody of the Child every Thursday from 11:30 a.m. until 7:00 p.m. ?I~F~. 1 -•t ~~" '~~ ' ~~ ~~ , ~ ~'~V~Y OU SEP i 5 Ph. 3: i ? CUMBEkirti'~~~ GpU,Yiy f~vrlsnvavw 5. When the Child has a day off school and the Father is available, the Father may have custody of the Child for any part of the day upon providing at least 2 days advance notice to the Mother. 6. Each party shall be entitled to have custody of the Child for 3 weeks (with no more than 2 weeks to be scheduled cronaecutively) during each year upon providing at least 30 days advance notice to the other party. The Father shall be entitled to have custody of the Child for an additional 3 days during the summer 2001 to make up for a missed period of custody over Father's Day weekend in 2000. The Father shall not schedule his additional 3 day period of custody to exceed the two week maximum for a single continuous period of custody. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. CBRISII7A.S: In every year, the Mother shall have custody of the Ch 1~ Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the Father shall have custody of the Child from Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. 29AI~II(SGIVIIdG: In every year, the Mother shall have custody of the Ch l~Zfianksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. t~l YEARS: In every year, the Father shall have custody of the Ch lid fran New Years Eve at 5:00 p.m. until New Years Day at 8:00 p.m. D. EASTER: In every year the Mother shall have custody of the Child on Faster Sunday. S. MH70RIAL DRAY/JULY 4th/LABOR DiAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Gild on July 4th. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. F. !lO~P~R'S DAY/FATBffit'S DAY: The Mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. G. CBII.D'S BIIiTB-AY: Both parties shall be entitled to have a period of custody with the Child on his birthday at times to be arranged by agreement of the parties. B. Zhe holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. In the event the Mother requires care for the Child for a period of 5 hours or more durirg her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care before contacting third party caregivers. 9. The Mother shall ensure that the Child makes a reasonable effort to contact the Father after school by telephone 2 times per week. This provision shall not be cited as the sole basis for a contempt allegation by the Father. 10. Unless provided otherwise in this order, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 11. within 45 days of the date of this Order, the Father shall make arrangements to attend parenting classes. The Father shall provide documentation of his registration in a parenting course and subsequent completion of the course to the Mother through counsel. 12. Within 95 days of the date of this order, the parties shall schedule a joint session with a neutral party (to be selected by agreement of the parties and counsel) for the purpose of establishing a forum for the parties to address issues concerning the Child and resolve disputes on an ongoing basis. 13. The parties agree that jurisdiction of the custody issues shall remain in Cumberland County. 14. 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 wnsent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J es ey Oler r., J. cc: Marcus A. McKnight, III, Esquire - Counsel for Mother Jacqueline M. Verney, Esquire - Counsel for Father C~.,~.oo R~ DIANE LCUISE TOKACH (formerly ROSEN), Plaintiff va. JEFFREY ROSEN, . Defendant PRIOR JUDO: J. W~l.ey Olen, Jr. IN THE ODURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTICN - LAW IN CUS1bDY CUSTODY OOI~CILIATION SUMMARY REPORT IN AOOORDANCE WIR41 C[1~BERLAI~ID OOIIJPY RULE Oir CML PROC~IntE 1915.3-8, the wdecaigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DIATE OF BIIiTB CURRESdPLY IN CUS7~Y OF Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held on September 5, 2000, with the following individuals in attendance: The Mother, Diane Louise Tokach, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Jeffrey Rosen, with his counsel, Jacqueline M. Verney, Esquire. 3. 2fie parties agreed to comply with Dr. Schneider's recormiendation that they identify a neutral third party to provide them with a forum to address issues concerning their Child and resolve disputes. The parties were not able to select a mediator at the Conference and counsel agreed to contact the Conciliator within two weeks with a list of potential counselors. The Conciliator will submit a supplemental proposed Order at that time identifying the mediator selected by the parties. 4. The parties agreed to entry of an Order in the form as attached. ~t~~r..n,4un 7, ,~ann ~~'+,.,~~ Date Dawn S. Sunday, Esqu r Custody Conciliator DIANE LOUISE ROSEN (TOKACI I) IN'I'I Ili C'Ol1R'1' OF COMMON PLEAS OI' PLAIN'flhh Cl1MBEIl1.AND COUNTY, 1'IiNNSYI.VANIA V. , JEFFREY ROSEN 97-132G CIVII. ACTION LAW DEPENDANT ' IN CUS'I'OD1' AND NOW, this SIh day of December , 2000, the original Order of Court is amended as follows: It is hereby directed that the parties and their respective counsel appear bcforeDawn S. Sunday, Esq. ,the conciliator, at 39 West Maln Street, McchanlcsburR, PA 17055 on the 19th day of December , 2001, at9:30 e.m. fore-pre-Hearing Custody Conference. At such conference, un 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 toter 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 pcrnrnncnt order. FOR "1'1IE COURT, By: lsl Daaun S. Snndav. E 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 T111S PAPER TO YOUR ATTORNEY AT ONCL'. IP YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO'I'O OR TELEPHONE THE OFFICE SET FORTH BELOW TO PINU OUT WHERE YOU CAN GET LEGAL KELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 'T'elephone (717) 249-31G6 ~•~, . i l:'i: ~- ;:. .":Tt9Y oon~c-~ Afi10:38 CUId~~~,~J~,;u VI~JI~I, PENNS'rL1'~;hiA !,~ S" -CAD C~c7• c'9/~ ,trs~ ~C ~L~ G~~ DIANE LOUISE (ROSEN) TOKACH, Plaintiff/Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -LAW 97-1326 CIVIL TERM JEFFREY ROSEN, Defendant/Respondent 1N CUSTODY ORDER OF COURT AND NOW, this ]~_ day of (~ ~I 2000, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Dawn Sunday, Esquire, the conciliator, at 39 West Main Street, Mechanicsburg, PA on the 19th day of December, 2000 at 1:00 p.m. for aPre-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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, i"' ~ Custody Conciliator, Dg w ~ 6vvD.1y , ,2 sip, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse I Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 }ii is ia= ~ov ~ ,K 2~ ~ <z~ ~`.~~ AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 heating or business before the court. You must attend the scheduled conference or hearing. DIANE LOUISE (ROSEN) TOKACH, Plaintiff/Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 97-1326 CIVIL TERM JEFFREY ROSEN, Defendant/Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW comes the Petitioner, Diane Louise (Rosen) Tokach, by her attorneys, Irwin, McKnight & Hughes, and presents the following Petition for Custody. The Petitioner is Diane Louise (Rosen) Tokach, an adult individual residing at 14 Russian Olive Drive, Etters, York County, Pennsylvania 17319. 2. The Respondent is Jeffrey Rosen, an adult individual residing at 319 South River Street, Harrisburg„ Dauphin County, Pennsylvania 17104. 3. The parties are the natural parents of one child, namely, Kyle R. Rosen, bom January 2, 1995. 4. The parties entered into a custody agreement on September I5, 2000. 5. Since that time, the defendant, Jeffrey Rosen has refused to cooperate with resolving outstanding custody issues by further evaluation with Dr. Stanley Schneider. It has not been confirmed that the defendant has begun the counseling. 6. The defendant has raised several issues regarding the previous Order and again charged the plaintiff with contempt. 7. The Order of Court dated September 15, 2000, needs to be modified sufficiently to preclude the defendant from further litigation over its terms. WHEREFORE, Petitioner, Diane Louise (Rosen) Tokach, respectfully requests that the previous Order be modified to reflect the best interest of the child and that defendant be compelled to submit to counseling and a further evaluation by Dr. Stanley Schneider. Respectfully submitted, IRW[N, Mc IGHT & HUGHES sy: Ma cus A. Mc t, squire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania !7013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 8, 2000 EXHIBIT A DIANE LWISE TCXCACH (formerly ROSIN), Plaintiff va. JEFFREY R05FN, Delendant : IN THE OOURT OF COMhKN PLEAS OF CUMBERLAND 0007N7.'Y, PFSIIJSYLVANIA c NO. 97-1326 CIVIL TERM : CIVIL ACTICN -LAW : IN CUSTODY ORDER of OOtR2T AND NOW. this day of +2000+ upon conaideratian of the atta ed Custody Concili t an Report, t is ordered and directed as follows: 1. The prior Cyders of this Court dated March 2, 1999 and November 16, 1999 are vacated and replaced with this order. 2. The Mother, Diane Louise Tokarh, and the Father, Jeffrey Rosen, sha]1 }~~ shared legal custody of Kyle 'R. Rosen, born January 2, 1995. Each parent shall have an equal right, to be exerciaed~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. 3. Rhe Mother shall have primary phyaieal custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Fathps shall have custody of the Child from Saturday, September 9, 2000 at 9:00 a.m. through Monday, September 11, 2000, when the Father shall transport the Child to school, and Eras Saturday, September 23, 2000 at 9:00 a.m. through Morx3ny, September 25, 2000, when the Father shall transport the Child to school. B. Rho Father shall have custody of the Cltild from Saturday, October 7, 2000 at 9:00 a.m. through Monday, October 9, 2000, when the Father shall transport the d~ild to the Mother's residence ra later than 10:00 a.m. ~ ~•• C. ~ Beginning Friday, October 20, 2000, the Father'ehall have cwtody of the Child on alternating weekends from Friday at 8:00 p.m. through Sunday at 8:00 p.m. D. Beginning Thursday, October 5, 2000, the Father shall have custody of the Child every Rfiuraday from 11:30 a.m. until 7:00 p.m. F~ ~~~ 5. , When tM~ Child °hse: a day.. of! . school and the. Father ie nvailable~ the Father ~ may have custody of the ~ Child ~ far nny pert of the day upon providing at least 2 dayaYadvanca notice to the Mother. 6. Each party shall be entitled to have custody of the Child !ar 3 weeks (with no more than 2 weeks to be scheduled consecutively) during each year upon providing at least 30 days ndvance notice to the other party. ~e Father shall bs entitled to have custody of the Child for an additional 3 days during the aiaROer 2001 to make up far a missed period of custody over Father's Day weekend in 2000. Rhe Father shall not schedule his additional 3 day period of custody to exceed the two week maximum for a single continuous period of custody. y, The parties shall share ar alternate having custody of the Child on holidays as follows: A. Canis-ayng; , In every year, the Mother shall have custody of the d from Christmas Eve at 12:00 noon until C~riatmea Day at 12;00 noon and the Father shall have custody of the Child Esrom Christmas Day nt 12:00 noon through December 26 when the Mother .returns from vork ar as otherwise agreed by the parties. B. 1gANlG9GiYa1G: In every years the Mother shall have custody of the don ~anlcsgiving Day until 2:00 p.m. and the Father shall have wstody of the Child fran 2:00 p.m. until 8:00 p.m. C. NEW 7~J1R3: In every years the Father shall have custody of the ~sNew Yearn Eve at 5:00 p.m. until New Years Day at 8:00 p.m. D. gAS-1~R: In every year the Mother shall have custody of the Child on Faster Sunday. 8. MP2lORI71L::DAY/JOEY 4th/I.ABOR. DA]C: In even rnanbered yeara~ the Mother ve custody of the child an Memarial Day and Lobar Day.:, and _ the Y,Fatber ..shall .have . custody of the Child on July 4th. Ilz odd numbered~.yeara~ thee.Father•=shall hnt-e custody-of the>.Child onrMe~nortnlf~Dayarand;'Lobar:°Dayuand~.the. Mother: shall-have custody of the-: Child : tm ~ July 4th. P. M0~i9B~~StD~-Y~/PAT~R~3"D~I1Yi ~e Mother, shall have custody of the every year on Mo is Day and the Father ahn71 have custody of the Child every year on Father's Day. G. CBa.D'S BIItTBDAY: Both parties shall be entitled to have a period of a:stody th the Child on his birthday at times to be arranged by agreement of the parties. B. 7t~e holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. In the event the Mother requires care for the Child for a period of 5 hours or more durirg her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care btfore contacting third party caregivara. . g. Ths Mother shall anaure that the Child makes. a reasonable eflort to contact the Father alter school by telephone 2 times per weak. This provision shall act be cited as the aola basis for a contempt allegation by the Father. 10. t7hleea provided otherwise in Chia Orders the party receiving custody of the Child shall be reaponaible to provide traneportaticn for the exchange of custody. 11. Within 45 Jaya of the date of this CYder~ the Father shall make arrargementa to attend parenting claeaea. The Father shall provide docianentation of his registration in a parenting course and subsequent conpletion of the course to the Mother through counsel. 12. Within 45 days of the date of thi t be selected bey agreement schedule a joint•aeasion with a neutral party establishing a !Drum for the of the parties and counsel) for the purpos parties to address ieauea concerning the Child and resolve disputes on an ongoing basis. 13. Tt1e parties agree that jurisdiction of the custody issues shall r•eteain in Cumberland County. 14. This Order is entered pursuant to an agreement of the parties at a Custcdy•Corx:iliatian Conference. The parties may modify the provisions of this Order by mutual c~sent. In the absence of mutual ornsent, the terms of this Order shall control. BY Tt~E OJtlttTi ~s el' Jr. , J. cc: J MMCKni~~SiI,~Fiqurnire forfFather er TRUE COPY FROM RECORD In Tectimony whereof, I here unto set my hand, end th~~ ofsaid Court e~rlisl~, Pe. ,«.. DIANE LOUISE TCKACH (formerly ROSEN)~ Plaintif! va. JEFFREY ROSFIJi Defendant : IN THE OOIJttT OF OOPY4CN PLEAS OF CTklHFIiLADID OOUN7'Yi PENNSYLVANIA : NO. 97-1326 CIVIL TEEiM : CIVIL ACTION -LAW IN CUSTODY PRICK JDDf~: J. Nealey Oleri Jr. Icl AODxtDANCB NT1S CQ~IDEEtLADID CORD RDLE OF CIIItL PAO(~E 1915.3-g, the ta~deraigned Custody Conciliator aulxnita the following report: 1. The pertinent information concerning the Child who ie the subject of this litigation is as follows: NTlD; DATE CF Bzli18 .]C II~i CU5'1C7D7C OF Kyle R. Rosen January 2, 1995 Mother 2. A ponciliation Conference vas held an September 5, 2000, with the following individuals in attendance: The Mothers Diane Louise 2rokach, with her ootmaei, Marcus A. MCKnight~ IIIi Esquire, and the Father, Jeffrey Rosen, with hi~.caa~ael: Jacqueline M. Verney Esquire. 3. Tfie parties agreed to canply with Dr. Schneider's recomnendntion that they identify a neutral thin] party to provide them with a Forum to address issues oonoerning their Child and resolve disputes. The parties vesa:.not able:.to,aelect a.: mediator at-the Conferenoe and counsel agreed to contact the Conciliator within two weeks with a list of OCd tial counaelora. The Oonciliator will submit a supplemental proposed that time identifying the mediator selected by the parties. 4. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. ~ ~ ~ ~ ,~~c2rz a c~ DIANE L. TOKACH Date. nP1`PIDr,PT n .2000 - r> ~' f c:: -~ .? :~: ,, ~L. ~ J •:.l "~ f I -~ i l~ 4~ (~ •~ ~- ~~ (J ,. .. _ ' °, >: k ,. ~ ~s .. r }x f { >` t i Y.fiS ~.. r A~ t r t ~_ r 7 ... `{ ~ ~ c s KL Y Y " K ~ { - 3 z ~ Li ~.i g ~ ji+ eY?Y - f ~~Ry~ .! ~ li t 0 ~ } k 4 ~ ~ ~ ~ ii~u .. ~v~{ ~ x.i. fF r 5~^ ~y. #Fle .~/i .YE ~ ; 4.'`~ h x:.3j{~ r~h~j a.~ ..£..t~ 1 u£'Xf4 3, ~ Y'-h f L y 4 r r )k r Y 4 Y 4 Y~ r _ ~ < r J .r -k t 1 a ~ i ~ ~ ) t 4 ~ ti E y ~ 4 F L ~~ ~ ~ M~ q• ~ ~ ~. 3 i i } 4 i. e(t ." Y f ` .4Y ` ~ ~ .N ! 1 y ~ d Y ~E 4a ~ t ~yt ~ ~ # ~ / 4 1 i G be S ~~ ii } Y 4 £, j. ~~€€ ).~ ~, V Pr i G$ b G t F N ~ rv~4 ^( ~. P ~t. G C < rc Y w F~ ~ k ~ ' a ~ ~ ti'y. ~ ~ kl .i-.~. ., ~ f TJ G pk ~y( '+' { i ,f ' K 1 PA x ~7~ ~,~ S Tf )v {~ 1 4 S~ ~." 4 S„uww cf i-) G y t ~ ss~r ~. ~ ~k "t }. f y ) , ~l~i `y~ ~ 1 t '~ ~~Z) Y 'L _ - __ _ - ~- ` a^ 4 ~ S S 4a{~ f t ~' e Y~W~~GC vQ4 ~~~ ~ x r ~r~`; F .. ~~ ;~ DIANE LWISE (RQSEN) TOKACH, IN THE COURT OF COhNK7N PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTSf, PENNSYLVANIA va. NO. 97-1326 CIVIL TERM JEFFREY ROSEN, : CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDB<t OAF COURT AMID NOW, this ~ r7j ' `^ day of eC P .^,Vj ~ , 2000, upon consideration of the attached Custody Conc 1 at on Report, t is ordered and directed as follows: 1. The prior Order of this Court dated September 15, 2000 is vacated and replaced with this Order. 2. The Mother, Diane Louise Tokach, and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from EYiday at 6:00 p.m. through Sunday at 7:00 p.m. and on every Thursday from 11:30 a.m. until 7:00 p.m. 5. When the Child has a day off from school for an inservice day, Act 80 day, conference day or for any reason other than Columbus Day, Martin Luther King Day, Good Friday and Presidents' Day (on which the Mother shall have custody of the Child), the Father shall have custody of the Child from 9:00 a.m. until 7:00 p.m. The Father shall notify the Mother at least 5 days in advance if he will not be available to exercise his periods of custody under this provision. Unless the parties agree otherwise, the Mother shall have custody of the Child on any day when there is no school due to inclement weather. Notwithstanding the foregoing, the Father shall have make-up periods of custody with the Child on Martin Luther King Day, Presidents' Day and Columbus Day in 2001. 6. Each party shall be entitled to have custody of the Child for 3 weeks (with no more than 2 weeks to be scheduled consecutively) during each year upon providing at least 30 days advance notice to the other party. The Father shall be entitled to have custody of the Child for an additional 3 days during the summer 2001 to makeup for a missed period of custody over Father's Day weekend in 2000. Tfie Father shall not schedule his additional 3 day period of custody to exceed the 2 week maximum for a single continuous period of custody. The extended custody schedule under this • :; ,: ~ , ~ ' ~ =~ r; :. .; ~ „ _ ~. ;,, provision shall supersede and take precedence over the regular custody schedule. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. (~IS`II1AS: In every year, the Mother shall have custody of the Ch ld from Christmas Eve at 12:00 noes until Christmas Day at 12:00 noon and the Father shall have custody of the Child from Christmas Day at 12:00 noon through December 26 ;Then the Mother returns from work or as otherwise agreed by the parties. 8. THpNRSGIVING: in every yearn the Mother shall have custody of shal~ ve cu todY of vthe Cfi ld from 2:00 p.m. un~tilt8 OOap.mr C. I~1 YEARS: In every years the Father mhauntil New Years Day the Child from New Years Eve at 5:00 p. at 7:00 p.m. D. gJ1S-1pR: In every year the Mother shall have custody of the Child on Easter Sunday fran 9:00 a.m. until 7:00 p.m. E. Dpy/~,y 4th/LABOR DAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 9th. In odd numbered yearar the Father shall have custody of the Child on Memorial Day and Labor Day and the period of custodyeon Me ~al Day and Labor Day shall run from 9:00 a.m. until 7:00 p.m. and the period of custody on July 4th shall run from 9:00 a.m. until after the fireworks. F. MOTEHfft'S WY/FATHER'S DiNY: The Mother shall have custody of the Ch ld every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. G. The holiday custody schedule shall supersede and take precedence over both the regular custody schedule and the extended custody schedule under provision 6. 8. In the event the Mother requires care for the Child for a period of 5 hours or more during her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care before contacting third party caregivers. 9. Tfie Mother shall ensure that th eltliione~ times per nweek. efThis to contact the Father after school by Ph provision shall not be cited as the sole basis for a contempt allegation by the Father. 10. Unless provided otherwise in this Order, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 11. Each party shall ensure that the Child is wearing a seat belt at all times while being transported during his or her periods of custody. 12. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 13. The parties shall engage in a course of mediation for the purpose of establishing a forum for the parties to address issues concerning the Child and resolve disputes on an ongoing basis. Each party shall contact Tresaler Lutheran Services within 10 days of the date of this Order to schedule the first session with the mediator. The parties shall follow the recommendations of the mediator with respect to the frequency and duration of the mediation. 14. The parties agree to submit a joint letter, through counsel, to Stanley Schneider, PhD. to obtain a recommendation as to whether further evaluation of the custody arrangements is advisable at this time. 15. The parties agree that jurisdiction of the custody issues shall remain in Cumberland County. 16. 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: Marcus A. Mc[(night, iii, Esquire -Counsel for Mother ~~ ~,J. X28. v~ Jacqueline M. Verney, Esquire -Counsel for Father ~'`'" ~.. BY THE COURT, DIANE LOUISE (ROSEN) TOKACH, Plaintiff/Petitioner va. JEFFREY R0.SEN, Defendant/Respondent PRIOR JUDO: J. Wesley Oler~ Jc. IN THE 00[JRT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY RBPORT IN AOOOEtDAN(~ WITH Cf!!BE[tLMID OOUNPY RULE OP CML PROCBDIHiE 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 BIIn'fl C]1RRE{drLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mothec 2. A Conciliation Conference was held on December 19, 2000, with the following individuals in attendance: The Mother, Diane L. Tokach, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Jeffrey Rosen, with his counsel, Jacqueline M. Verney, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Eaqu re Custody Conciliator -, t ', :~ , ~. ,. ~z,~;c s, > s ~y ~ ~. w1~. DIANE LWISE (ROSEN) TOECACH, Plaintiff/Petitioner vs. JEFFREY ROSEN, Defendant/Respondent IN THE OO[JRT OE OO6IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTZCN - LAW IN CUSTODY CRDBR OF COURT AMID NOWT this ( l0 1 "' day of ,?~7 U 2~ ~ , 2001r upon consideratim of the attached Custody Conc~l~at on R port, t is ordered and directed as follows: 1. The prior Orders of this Court dated September 15, 2000 and December 28, 2000 are vacated and replaced with this Order. 2. The Mother, Diane Louise Tokach, and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 7:00 p.m. and on every Thursday from 11:30 a.m. until 7:00 p.m. 5. When the Child has a day off from school for an inservice day, Act 80 day, conference day or for any reason other than Columbus Day, Martin Luther King Day, Good EYiday and Presidents' Day (on which the Mother shall have custody of the Child), the Father shall have custody of the Child from 9:00 a.m. until 7:00 p.m. The Fathec shall notify the Mother at least 5 days in advance if he will not be available to exercise his periods of custody under this provision. Unless the parties agree otherwise, the Mother shall have custody of the Child on any day when there is no school due to inclement weather. Notwithstanding the foregoing, the Father shall have make-up periods of custody with the Child on Martin Luther King Day, Presidents' Day and Columbus Day in 2001. Unless otherwise agreed between the parties, this provision shall not apply to the Child's holiday school breaks for Christmas, Easter and Thanksgiving during which the regular custody schedule shall govern for days not specifically addressed in provision 7. 6. Each party shall be entitled to have custody of the Child for 3 weeks (with no more than 2 weeks to be scheduled consecutively) during each year upon providing at least 30 days advance notice to the other party. The Father shall be entitled to have custody of the dtild for an additional ~. is .. ;.;.. 3 days during the summer 2001 to makeup for a missed period of custody over Father's Day weekend in 2000. The Father shall not schedule his additional 3 day period of custody to exceed the 2 week maximum for a single continuous period of custody. The extended custody schedule under this provision shall supersede and take precedence over the regular custody schedule. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. CB1tIS11iAS: In every year, the Mother shall have custody of the Ct~ fran Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the Father shall have custody of the Child fran Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. THANRSGIVItdG: in every year, the Mother shall have custody of them Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. NBFI YBA[tS: In every year, the Father shall have custody of the Child from New Years Eve at 5:00 p.m. until New Years Day at 7:00 p.m. D. BASTER: In every year the Mother shall have custody of the ~d on Easter Sunday from 8:00 a.m. until 7:00 p.m. E. MH40RIAL DipY/JULY 4th/LABOR DJ1Y: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 9th. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. The period of custody on Memorial Day and Labor Day shall run fran 9:00 a.m. until 7:00 p.m. and the period of custody on July 9th shall run from 9:00 a.m. until after the fireworks. F. !!ORffi3t'S DWY/FATBffit'S DV~]C: The Mother shall have custody of the Ch ld every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule under provision 4, the special schedule under provision 5 and the extended custody schedule under provision 6. 8. In the event the Mother requires care for the Child for a period of 5 hours or more during her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care before contacting third party caregivers. 9. The Mother shall ensure that the Child makes a reasonable effort to contact the Father after school by telephone 2 times per week. This provision shall not be cited as the sole basis for a contempt allegation by the Father. 10. Unless provided otherwise in this Order, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 11. Each party shall ensure that the child is wearing a seat belt at all times while being transported during his or her periods of custody. 12. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 13. Ttie parties shall engage in a course of mediation for the purpose of establiahirg a forum for the parties to address issues croncerning the Child and resolve disputes on an ongoing basis. Each party shall contact Tresaler Lutheran Services within 10 days of the date of this Order to schedule the first session with the mediator. ~e parties shall follow the recommendations of the mediator with respect to the frequency and duration of the mediation. 14. The parties agree to submit a joint letter, through wunsel, to Stanley Schneider, PhD. to obtain a recommendatirn as to whether further evaluation of the custody arrangements is advisable at this time. 15. The parties agree that jurisdiction of the custody issues shall remain in Cumberland County. 16. 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 wnsent. In the absence of mutual consent, the terms of this order shall rnntrol. ~~g~~\ ~1 Q~/ cc: Marcus A. McHnight, III, Esquire - Counsel for Mother Jacqueline M. Verney, Esquire - Counsel for Father BY THE OJURT, DIANE LWISE (ROSEN) TOKACH, Plaintiff/Petitioner vs. . JEFFREY ROSEN, . Defendant/Respondent PRIOR JUD($: J. Wesley Oler. Jt. IN THE COURT OF CDIMK7N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTICN - LAW IN CUSTbDY CUSTODY OCNCILIATICN SUMMARY RBPCCI2T IN AOODRDANCE WITH C[I~ffiFltLAI~ID 00[2J1'7C RULE OF CIYII. PROC~DIktS 1915.3-8, the undersigned Custody ~nciliator 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 CURRH~R'LY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held in this matter on December 19, 2000, after which an agreed upon Order was entered by the Court on December 28r 2000. 3. The need for clarification on two points in the Order has been brought to the Conciliator's attention by Plaintiff's counsel in order to prevent future misunderstandings. As the requested clarifications comport with discussions at the Conference and the substance of the parties' agreement, the Conciliator submits the proposed amended Order in the form as attached, along with a copy of the original Order for the Court's convenient reference. The amendments include the additional sentence at the end of paragraph 5 and a change to the beginning time for the Easter period of custody under provision 7-D. A...... n.., Cf~ CJO Q~ Date ~ "~ ~ ~ Dawn S. Sundaquire Custody Conciliator DIANE LOUISE (ROSEN) TOKACEI IN'1'11@ COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUN'T'Y, PIiNNSY1,VAN1A V • 97-1326 CIVII. AC'T'ION I.AW JEFFREY ROSEN DEFENDANT IN CUSTODY AND NOW, Tuesday, June 04, 2002 ,upon consideration of the attached Complaint, it is hereby dirceted that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 _ on Thursday, June 27, 2002 at 8:30 AM for aPre-Hearing Custody Conference. At such confcrcncc, 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 tempomry order. All children age five or older may also be present at the confcrcncc. Failure to appear at the confcrcncc may provide grounds for entry of a temporary or perntanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relletorders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: lsl Dawn S Sunday, Esq~Y` 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 Icast 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 GGI' LEGAL HELE'. Cumberland County Bar Association 2 Lihcrty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-31GG ,~ C..:. ~ •~~ oa ~~ .~Q~i ~ ~ ~.~d~ R Y 3 1 2002 DIANE LOUISE (ROSEN) TOKACH, IN THE COURT OF COM PLE OF Plaintiff/Petitioner v. JEFFREY ROSEN, Defendant/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 97-1326 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 2002, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Dawn Sunday, Esquire, the conciliator, at 39 West Main Street on , 2002 at _ _.m. for aPre-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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse I Courthouse Square Carlisle, Pennsylvania 17013 (7I7) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. Por 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. 1)IArvE LOUISE (ROSEN) TOKACH, Plaintiff/Petitioner v. JEFFREY ROSEN, Defendant/Respondent 97-1326 CIVIC TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Diane Louise (Rosen) Tokach, by her attorneys, Irwin, McKnight & Hughes, and presents the following Petition for Custody. The Petitioner is Diane Louise (Rosen) Tokach, an adult individual residing at 14 Russian Olive Drive, Etters, York County, Pennsylvania 17319. 2. The Respondent is Jeffrey Rosen, an adult individual residing at 319 South River SVeet, Harrisburg„ Dauphin County, Pennsylvania 17104. 3. The parties are the natural parents of one child, namely, Kyle R. Rosen, born January 2, 1995. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 4. The parties are governed by an Order of Court dated January 16, 2001, a copy of which is attached hereto and made a part of this Petition and is marked as Exhibit "A". 5. Since that time, the Respondent has refused to cooperate with resolving outstanding custody issues by contact with the counselor selected by the pnrtics. 6. The Respondent Itas raised several issues regarding the previous Order and has sought to disrupt the Christmas vacation schedule by selecting the Christmas week as one of hie vacation periods. 7. The Order of Court dated January I6, 2001, needs to be modified sufficiently to preclude the Respondent from further litigation over its terms including times the child is not in school and the holiday vacation schedule. WHEREFORE, Petitioner, Diane Louise (Rosen) Tokach, respectfully requests that the previous Order be modified to reflect the best interest of the child and that the Respondent be compelled to submit to counseling regazding the best interests of the minor child, Kyle R. Rosen. & HUGHES sy: Attorney for Petition 60 West Pomfret Street Cazlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: May 29, 2002 Respectfully submitted, ~ ~ _ 1 ' .1 I I !~ EXHIBIT A DIANE LOUISE (ROSEN) TOICACH, IN THE HURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 97-1326 CIVIL TERM JEFFREY RQSEN, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER OF OOUEtT AND NOW, this _~~ day of C~1~1 f ~ 2001 r upon consideration of the attached Custody Conciliation Re ort, t is ordered and directed as follows: 1. The prior Orders of this Court dated September 15, 2000 and December 28, 2000 are vacated and replaced with this Order. 2. Zfie Mother, Diane Louise Tokach, and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 7:00 p.m. and on every Thursday from 11:30 a.m. until 7:00 p.m. 5. When the Child has a day off from school for an inservice day, Act 80 day, conference day or for any reason other than Columbus Day, Martin Luther King Day, Good Friday and Presidents' Day (on which the Mother shall have custody of the Child), the Father shall have custody of the Child from 9:00 a.m. until 7:00 p.m. The Father shall notify the Mother at least 5 days in advance if he will not be available to exercise his periods of custody under this provision. Unless the parties agree otherwise, the Mother shall have custody of the Child on any day when there is no school due to inclement weather. Notwithstanding the foregoing, the Father shall have make-up periods of custody with the Child on Martin Luther King Day, Presidents' Day and Columbus Day in 2001. Unless otherwise agreed between the parties, this provision shall not apply to the Child's holiday school breaks for Christmas, Faster and Thanksgiving during which the regular custody schedule shall govern for days not specifically addressed in provision 7. 6. Each party shall be entitled to have custody of the Child for 3 weeks (with no more than 2 weeks to be scheduled consecutively) during each year upon providing at least 30 days advance notice to the other party. The Father shall be entitled to have custody of the Child for an additional 3 days during the summer 2001 to makeup fora missed period of custody over Father's Day weekend in 2000. The Father shall not schedule his additional 3 day period of custody to exceed the 2 week maximum for a single continuous period of custody. The extended custody schedule under this provision shall supersede and take precedence over the regular custody schedule. 7. The parties shall share or alternate having custody of the C7tild on holidays as follows: A. CBFtISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the Father shall have custody of the Child fran Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. TflANRRSGIYING: In every year, the Mother shall have custody of the Child rn Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. NEW YEARS: In every year, the Father shall have custody of the Child from New Years Eve at 5:00 p.m. until New Years Day at 7:00 p.m. D. EASTER: In every year the.Mother shall have custody of the Child on Easter Sunday from 8:00 a.m. until 7:00 p.m. E. MFI~IORIAL DAY/JULY 4th/LABOR DAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. The period of custody on Memorial Day and Labor Day shall run from 9:00 a.m. until 7:00 p.m. and the period of custody on July 4th shall run from 9:00 a.m. until after the fireworks. F. MOTE>EE2'S DAY/FATHIIt'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule under provision 4, the special schedule under provision 5 and the extended custody schedule under provision 6. 8. In the event the Mother requires care for the Child for a period of 5 hours or more during her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care before contacting third party caregivers. 9. The Mother shall ensure that the Child makes a reasonable effort to contact the Father after school by telephone 2 times per week. This provision shall not be cited as the sole basis for a contempt allegation by the Father. 10. Unless provided otherwise in this Order, the party receiviny custody of the Child shall be responsible to provide transportation for the exchange of custody. 11. Each party shall ensure that the Child is wearing a seat belt at all times while being transported during his or her periods of custody. 12. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 13. The parties shall engage in a course of mediation for the purpose of establishing a forian for the parties to address issues concerning the Child and resolve disputes on an ongoing basis. Each party shall contact Tressler Lutheran Services within 10 days of the date of this Order to schedule the first session with the mediator. The parties shall follow the recommendations of the mediator with respect to the frequency and duration of the mediation. 19. The parties agree to submit a joint letter, through counsel, to Stanley Schneider, PhD. to obtain a recommendation as to whether further evaluation of the custody arrangements is advisable at this time. 15. The parties agree that jurisdiction of the custody issues shall remain in Cumberland County. 16. 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. Tarr: c-~~~r Li -::~. .:~ , and ti~l ~.:' ~> - ,,, I~nn,~ •~ ,.~ / ~, . r,. BY THE HURT, ~S D J. esley Oler, Jr., cc: Marcus A. McKnight, III, Esquire - Counsel for Mother Jacqueline M. Verney, Esquire - Counsel for Father DIANE LOUISE (ROSEN) TOKACH~ Plaintiff/Petitioner vs. , JEFFREY RQSEN~ , Defendant/Respondent PRIOR JUDGE: J. Wesley Oler, Jr. IN THE CO(JRT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPOR'P IN AOOORDANCE WPPH CUMBERLAND COUDTPY RULE OF CML 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 OE BIfYPH CURRENPLY IN CUSTODY OF Ayle R. Rosen January 2~ 1995 Mother 2. A Conciliation Conference was held in this matter on December 19~ 2000 after which an agreed upon Order was entered by the Court on December 28, 2000. 3. The need for clarification on two points in the Order has been brought to the Conciliator's attention by Plaintiff's counsel in order to prevent future misunderstandings. As the requested clarifications comport with discussions at the Conference and the substance of the parties' agreement, the Conciliator submits the proposed amended Order in the form as attached, along with a copy of the original Urder for the Court's convenient reference. The amendments include the additional sentence at the end of paragraph 5 and a change to the beginning time for the Easter period of custody under provision 7-D. i ^~' ~. I Date :I Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing Petition fix Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. 1 have head the statements made in this document and they arc true and correct to the best of my knowledge, information and belief. I understand that false statements herein made arc subject to the penalties of I S Pa. C.S.A. Section ;4904, relating to unswom falsification to authorities. DIA E L. TOKACH Date: MAY 29, 2002 ~. r.. ~-.. `,' ~ lryo ~ «(r r~ J 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIANE LOUISE (ROSEN) TOKACH, : No: 97-1326 Plaintiff CIVIL ACTION -LAW JEFFREY ROSEN, Defendant :CUSTODY AND NOW comes the Defendant /Respondent, Jeffrey Rosen by his attorney, Derek Cordier, and presents the following Answer to Plaintiff s Petition for Modification of Custody and Counterclaim for Contempt. 1. The Plaintiff is Diane Louise (Rosen) Tokach, an adult individual residing at 14 Russian Olive Drive, Etters, York County, Pennsylvania 17319. 2. The Defendant is Jef&ey Rosen, an adult individual residing at 319 South River Street, Harrisburg, PA 17104. 3. The parties are the natural pazents of one child, named, Kyle R. Rosen, born January 2, 1995. 4. The parties aze governed by a custody order dated, January I6, 2001. A copy is attached and made part of this petition and mazked as "Exhibit A." ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied in that Mr. Rosen has been to counseling with Ann Leedy. However, Ann Leedy recommended counseling with the previous therapist, Sally Rooney. Mr. Rosen has stated that he does not want to see Sally Rooney, as she was counseling Mrs. Tokach privately. Sec Ann Leedy's summary, a copy of which is attached as "Exhibit B" and made part of this Answer. 6. Admitted in part and Denied in part. Admitted that Mr. Rosen requested certain days around the Christmas vacation schedule. Denied in that all of Christmas week is not accounted for by the Christmas schedule. Further denied that Mr. Rosen attempted to disrupt any schedule. 7. Denied in that further litigation should have been precluded prior to the filing of the present modification by Mrs. Tokach. COUNTERCLAIM FOR CONTEMPT 1. Mrs. Tokach has repeatedly violated the Custody Order by not allowing Mr. Rosen to make any decisions as to Kyle's welfare and upbringing, and by attempting to alienate Kyle from his father. a) Mrs. Tokach continuously discusses activities with Kyle before discussing them with Mr. Rosen, which gets Kyle's hopes up and puts Mr. Rosen in the position of having to say "no" and Kyle may have to miss the activity. b) Mrs. Tokach plans activities for Kyle almost everyday of the week. c) Mr. Rosen is not in agreement as to Kyle being involved in so many activities as Kyle is only six years of age. d) Mrs. Tokach continuously schedules activities on Mr. Rosen's custody dates, without discussing them with Mr. Rosen. e) Mrs. Tokach utilized a speech therapist without Mr. Rosen's prior knowledge. f) Mrs. Tokach plans Kyle's Birthdays and after the planning is complete Mr. Rosen receives a note as to what those plans are. 2. On May 1, 2002, Mr. Rosen, providing more than 30 days notice, stated that he wishes to have Kyle from December 25'", 2002, at noon, through the 1 st of January, 2003, at 7 p.m, which will use three extended custody days as per the parties' agreement. a) The regular custody schedule found in section four takes precedence over the Christmas break from school, excepting the Christmas dates found in section seven. b) The extended custody schedule found in section five takes precedence over the regular custody schedule found in section four. 3. On December I5, 2001, Mrs. Tokach provided a list of dates for the entire year of 2002. Mr. Rosen must now work around that schedule. a) Thirty days is required to implement the extended custody schedule. b) Due to Mr. Roscn's differing work schedule, it is nearly impossible to give ~ dates a year in advance. 4. The days offschool for summer are accounted for in section five of the agreement. a) Section five of the agreement states that "When the Child is off from school for an inservice day, conference day or for any reason ... , the Father shall have custody of the Child from 9:00 a.m. until 7:00 p.m." b) Mr. Rosen wishes to have custody on the days of summer in which Kyle is off from school, as per the agreement. 5. Section nine of the agreement calls for Mrs. Tokach to allow Kyle to make two phone calls per week after school to Mr. Rosen. a) The phone calls arc monitored as Mrs. Tokach can be heard in the background coaching Kyle as to what to say to his father. b) The phone calls are made at a time when Kyle could be distracted - such as in the car. c) The phone calls are made by cell phone, which does not allow Mr. Rosen to adequately hear Kyle. d) The phone calls are usually made when Mr. Rosen is known not to be home. 6. Mrs. Tokach is intent on alienating Kyle from his father. a) Disparaging remarks about Mr. Rosen's Jewish religion have come from Kyle. b) Kyle has full knowledge of the court proceedings due to Mrs. Tokach. c) Mrs. Tokach places blame for said proceedings on Mr. Rosen. d) An attempt was made to avoid the curcent litigation by letter dated May 20, 2002, and is attached as "Exhibit C." e) Mrs. Tokach has the ability to influence Kyle due to Mrs. '['oknch having the majority of physical custody. t) Duc to Mrs. Tokach's non-compliance and nttempts at alienation, Mr. Rosen wishes to have his custody of Kyle be extended to Wednesdays, Thursdays, Fridays, Satuvdays, and Sundays of every other week. WHEREFORE, Defendant /Respondent, Jeffrey Rosen, respectfully requests the prior agreement be modified to reflect the best interests of the child and to preclude further litigation of the issues by extending Mr. Rosen's custody schedule to Wednesdays, Thursdays, Fridays, Saturdays, and Sundays of every other week. WHEREFORE, Defendant, Jetliey Rosen, respectfully requests that Mrs. Tokach be held in contempt for consistently violating the Custody Agreement and Order by not allowing Mr. Rosen to make any decisions regarding the welfare of his son Kyle and by Mrs. Tokach's attempt at alienating Kyle from his father. I verify that the statements made in this Answer to Plaintiff s Petition to Modify Custody and Counterclaim for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. t Defe ant /Respondent, Jeffrey Rosen Respectfully sub ' te¢, Derek Cord' r, Esquire 319 Soulh Front Street Harrisburg, PA 17104-1621 (717) 213-4984 ID # 83284 Date: (< IL I~uo~ 4 DIANE LCX]ISE (RO5EN) TOKACH, Plaintiff/Petitioner vs. JEFFREY ROSEN, Defendant/Respondent IN THE OOURT OF OOrNKYV PLEAS OF CUMBERLAND COU6TPY, PENNSYLVANIA N0. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF ~ Arm Now, this ~Io day of ~0.~ r 2001, upon consideration of the attached Custody Conch at on Repor , t fa ordered and directed as follows: 1. The prior Orders of this Court dated September 15, 2000 and December 28, 2000 are vacated and replaced with this Order. 2. The Mother, Diane Louise Tokach, and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 7:00 p.m. and rn every Thursday from 11:30 a.m. until 7:00 p.m. 5. When the Child has a day off from school for an inservice day, Act 80 day, cronference day or for any reason other than Columbus Day, Martin Luther King Day, Good Friday and Presidents' Day (on which the Mother shall have custody of the Child), the Father shall have custody of the Child fran 9:00 a.m. until 7:00 p.m. The Father shall notify the Mother at least 5 days in advance if he will not be available to exercise his periods of custody under this provision. Unless the parties agree otherwise, the Mother shall have custody of the Child on any day when there is no school due to inclement weather. Notwithstanding the foregoing, the Father shall have make-up periods of custody with the Child on Martin Luther King Day, Presidents' Day and Oolumbus Day in 2001. Unless otherwise agreed between the parties, this provision shall not apply to the Child's holiday school breaks for Christmas, Easter and Thanksgiving during which the regular custody schedule shall govern for days not specifically addressed in provision 7. 6. Each party shall be entitled to have custody of the mild for 3 weeks (with no more than 2 weeks to be scheduled consecutively) during each year upon providing at least 30 days advance notice to the other party. The Father shall be entitled to have custody of the Child for an additional EX~) ~~rt ~ 3 days during the summer 2001 to makeup for a missed period of custody over Father's Day weekend in 2000. The Father shall not schedule his additional 3 day period of custody to exceed the 2 week maximum for a single continuous period of custody. The extended custody schedule under this provision shall supersede and take precedence over the regular custody schedule. 7. 1fie parties shall share or alternate having custody of the Child on holidays as follows: A. CBRLSITIAS: In every year, the Mother shall have custody of th~ld fcan Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the Father shall have custody of the Ch ild fran Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. T9ANRSGIYIIiG: in every year, the Mother shall have custody of thethe Chi Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. NEW YEARS: In every year, the Father shall have custody of the ~ ld from New Years Eve at 5:00 p.m. until New Years Day at 7:00 p.m. D. EAS'1'8<t: In every year the .Mother shall have custody of the Ch li d on Easter Sunday fran 8:00 a.m. until 7:00 p.m. E. l~IDRIAL DiA]C/JDLY 4th/L71BCR DiAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. The period of custody on Memorial Day and Labor Day shall run from 9:00 a.m. until 7:00 p.m. and the period of custody on July 4th shall run from 9:00 a.m. until after the fireworks. F. MOTHER'S DAY/FATBffi2'S DAY: The Mother shall have custody of the Ch ld every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule under provision 4, the special schedule under provision 5 and the extended custody schedule under provision 6. 8. In the event the Mother requires care for the Child for a period of 5 hours or rmre during her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care before contacting third party caregivers. 9. The Mother shall ensure that the Child makes a reasonable effort to contact the Father after school by telephone 2 times per week. This proviaien shall not be cited as the sole basis for a contempt allegation by the Father. 10. Unless provided otherwise in this Order, the party receiving custody of the Child shall be responsible to provide transportation far the exchange of custody. 11. Each party shall ensure that the Child is wearing a seat belt at all times while being transported during his or her periods of custody. 12. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance ratice to the other party of the address and telephone number where the Child can be contacted. 13. The parties shall engage in a course of mediation for the purpose of establishing a forum for the parties to address issues concerning the Child and resolve disputes on an ongoing basis. Each party shall contact Treasler Lutheran Services within 10 days of the date of this Order to schedule the first session with the mediator. The parties shall follow the recormiendations of the mediator with respect to the frequency and duration of the mediation. 14. The parties agree to submit a joint letter, through counsel, to Stanley Schneider, PhD. to obtain a recommendation as to whether further evaluation of the custody arrangements is advisable at this time. 15. The parties agree that jurisdiction of the custody issues shall remain in Cumberland County. 16. 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 ODIRtT, ~. ~ . , ay whereof, I h .. , ,~~ r,.a my hand z.: c,a ;ral of sai lsert of jai /°Ic, Pa. S this ......~.U...... oy f ..~Q,AI....., Q...l. J. esley Olen, J ., ' ....,.. ry•~. Pr thorrota cc: Marcus A. Mc[(night, III, Esquire -Counsel for Mother Jacqueline M. Verney, Esquire - Oounsel for Father DIANE LOUISE (ROSEN) TOKACH, Plaintiff/Petitioner vs. JEFFREY ROSEN, Defendant/Respondent IN THE COURT OF QOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDO: J. Wesley Oler~ Jr. CU510D7C OCi~1CII.IATION SUMMARY REPORT IN AOCDRDANCE WITH C[I~FI2LMID OODAll'Y RULE Oi+ CIVIL PRDC800RE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concernirg the Child who is the subject of this litigation fs as follows: MAlg: DATE CP BIIYPB CURRFNPLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held in this matter on Decertiber 19, 2000, after which an agreed upon Order was entered by the Court on December 28, 2000. 3. T1te need for clarification on two points in the Order has been brought to the Conciliator's attention by Plaintiff's counsel in order to prevent future misunderstandings. As the requested clarifications comport with discussions at the Conference and the substance of the parties' agreement, the Conciliator submits the proposed amended Order in the form as attached, along with a copy of the original Order for the Court's convenient reference. The amendments include the additional sentence at the end of paragraph 5 and a change to the beginnirg time far the Easter peciod of custody under provision 7-D. . l a,.,., ~.- - ~,---a ~,o ; c:~c~ ~1.2~-...tea-, Date ~ ~ Dawn S. Sunday, Esquire Custody Conciliator TRESSLER COUNSELING ' & EDUCATION Uiakon Lutheran Social Mimstrics for the C:giiud Region tune 11, 2002 To Whom it May Conccm, This letter is a summary of sessions with Jcff Rosen and Diane Tokach as per tltc rcqucst of both parties. Jcff and Diane wcrc referred to counseling by a mediator due to frequent conflicts regarding custody of tltcir son. Jcff and Diane's son I:ylc was never seen in therapy at this office. Thcrc wcrc a total of five sessions held with both parties in attendance from Pcbmary through October of 2001. Issues focused on dealing with altgcr and lack of communication bclwcclt the two parties. Both parties have contacted me within the last few weeks to ask me to indicate in my letter their issue of conccm with the other. Recently, l was also asked to consider including their son in sessions to address any issues he may have. While 1 believe strongly that their son could benefit from counseling due to the tension bchvicen his parents, it was recommended that they continue counseling with their previous family therapist. It is unclear if counseling services wcrc obtained. I fell that both Diane and Jcff had issues they needed to address. Their ability to address their own roles in the problems at times would show some potential of working, only to break down quickly, often due to lack of follow through by Jcff and his avoidance of any perceived conflict with Diane. Duc to his behaviors, Diane would again stop communication, and the patterns would continue. At their rcqucst, sessions wcrc scheduled at monthly intervals, so forward momentum was also difficult to maintain. This was due to financial concerns expressed by Jcff regarding costs of treatment. Issues that pertained to Diane locuscd on her need for control of situations revolving around their son. Diane was encouraged to "pick her battles" and not focus on small issues. Diane has very strong ideas and opinions about how to raise her son and at times has difficulty hearing other's views due to her underlying lack of self confidence. This comes across as defensive, angry or controlling behaviors. Open these reactions resulted in Diane making decisions about her son's daily life, sports he participated in, etc. without consulting with Jcff. She 7vould be angry that Jcff would not he as committed as 9h0 Crnuuq Hoer I'(l. N.u 211111 Altthamahwg. IS\ 1705`>~0707 I'hunr 717.74511170 lull I'trr Nn6 7l1lLhNhN hac 717 i450i07 tll'/I nh I NUJ h5i 54Ni wwwdiakon.org TRESSLER COUNSELING r~ ° & EDUCATION Diakun Lutheran Social Ministries for the Capital Region she was in their son's activities. Oflcn Jcff would not follow through on issues such as soccer practices or scouting events, Diane is also very safety conscious and continually worried about the level of supervision in Jcff s home. 1 did not have any strong conccros about JcfPs violation of safely issues with his son with the exception of not using scat belts consistently when riding in a car. Issues that pertained to Jcff centered on his need for control in his relationship with Diane by being passive-aggressive, in that he would make decisions without discussing them with Diane or give her full infomtation about matters concerning their son. Jeff felt he had limited time with his son, so resented the intrusion of soccer practices and games, scouts, church activities, c;c. as the, cncroadted on ;hair time. 'fhe largest area oC concern regarding Jcff and his behaviors was that Jeff often functioned as a play-matt with his son and not as much as an adult figure. Jcff did not consistently cncouragc independence with his son, oRen asking him to shower or bathe with him or to sleep with I»m. It is unclear if Jcff was asking this of Itis soft or vice-versa. Irrcgardlcss, despite numerous attempts at explaining that this was not a healthy pattern of behavior to cncouragc in a young man, Jcff could not consistently follow through with this plan of trcapnent. Allegations of any sexual impropriety never arose. I have conccros about how well Jcff will handle his son's emerging independence due to the emotional needs this relationship seems to fulfill for Jcff. Jcff has sonic relationships throug8 his work, but he appears to lack sufficient adult relationships to help him meet Itis emotional needs and 1 believe is a lonely individual. Additionally I have concerns about how Diane's over protectiveness with her son may retard his emotional development, although I feel much of this maybe in reaction to her concerns about Jeff s influences on tltcir son. I am not clear if further sessions would benefit Jcff and Diane. Perhaps if both address their own issues separately in counseling, the tension bctwcen the two of them would diminish to sonic extent. I also feel that an evaluation of Kylc would be in order to offer supportive counseling and to assess if the tension bctwcen his parents is having anY ill effect on hint. l would also recommend that further exploration occur regarding any boundary issues between Kylc and Itis fatltcr and that slccpiltg arrangements and bathing arrangements continue as independent activities. 9611 Q'Itlur)• Unvc I'O 11os 20111 f,lcrh:vuohwti, PA 17055dt71t7 i'hone 717.795Dt10 Tnll f nr M6h 71k1 hHNt I~,,~ 71779i1T10i 111'/11)1) I HO0 hii i9Ni wwtediakon.org TFtESSLER COUNSELING & EDUCATION Diakon Lutheran Social Mlnistrics for the Capital Rcgiun I hope this summary is of sonic benefit for the attorneys involved and am hopeful this can be resolved as this is certainly in Kyle's best interest. Sincerely, ~u-rc~. G~c~c,~:~ Anne T. Lcedy, MS, LPC Program Director Tressler Counseling and Education Services of the Capital Region cc. Diane Tokuch Jeff Rosen Attorney Derck Cordicr 960 Ccnwp• nrirc I'O. IA~r 21k11 Mcduwinburg, I'A IlOSS~Oll17 I'hnru 717.J95.OS10 T~dl free NGG.7(kL(d16ri f:rs 717.795.11ir17 ll"1'/IT1U I Hlk1.h5.1 59Ni www.diakon.org .. i ; ; Law Office of Derek J. Cordier 319 South Front Street Harrisburg, PA 17104-1621 USA Phone (717) 919.4002 Email ~Icn•k I r„ I~I,i.xnci.nc~ Marcus A. McKnight, III, Esq. Pomfret Professional Building West Pomfret Street Carlisle, PA 17013-3222 Dear Mr. McKnight: Fax (717) 213-4984 May 20, 2002 I have been retained by Jeffrey Rosen in the matter of Diane Louise (Rosen) Tokach v. Jeffrey Rosen. Mr. Rosen advised Mrs. Tokach that he would like certain extended custody dates, some of them being around the Christmas Holiday. Mr. Rosen is well within his rights as to those dates. Mr. Rosen will have Kyle on the 3rd, 4th, 5th, 6th, and 7th of July and he will have Kyle from December 25th at noon through the 1st of January at 7 p.m., which will use three extended custody days as per the parties' agreement. Mr. Rosen notified Mrs. Tokach on May 16, 2002, providing more than 30 days notice. It is acknowledged that Mrs. Tokach is not happy about the Christmas dates. Mr. Rosen is willing to discuss those dates, but not by phone messaging. It is noted that Mrs. Tokach provided a list of dates for the entire year of 2002, on December 15, 2001. Mr. Rosen must now work around that schedule. Mrs. Tokach did not ask for any vacation time during the Christmas period requested by Mr. Rosen. She simply stated that she had December 26th off from work, but Kyle could still be returned at his normal Christmas schedule time. Further section six of the agreement states that the extended custody schedule supersedes the regular custody schedule Query? Should Mr. Rosen be providing a list of dates for the years until Kyle reaches 18? Furthermore, Mr. Rosen, will no longer accept Mrs. Tokach's constant manipulation of the parties' custody agreement. The parties' son, Kyle, has been adversely affected by the situation and it will not continue. Shared Custody means "[a]n order awarding shared legal or shared physical custody, or both, of a child in such a way as to assure the child of frequent and continuing contact with and physical access to both parents." Legal Custody means "[t]he legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions." Further, the law states that in making an order for custody, "the court shall consider, among other factors, which parent is more likely to encourage. permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child." This is ali we are asking for in order to avoid costly litigation, further strife between the family members, and most importantly emotional harm to Kyle. Mrs. Tokach MUST first notify and discuss with Mr. Rosen, before discussing with Kyle, what Mother's intentions are as to activities. On Mr. Rosen's custody dates, Mrs. Tokach will no longer schedule any activities without first discussing them with Mr. Rosen and before discussing them with Kyle. Mrs. Tokach continuously gets Kyle's hopes up for activities scheduled on Mr. Rosen's days and is unacceptable. The agreement also calls for Mrs. Tokach to allow Kyle to make two phone calls per week after school to Mr. Rosen. From now on phone calls are to be at a time when Mrs. Tokach knows Mr. Rosen to be home. Mr. Rosen is perfectly willing to have a scheduled time for said calls. However, phone calls are not to be monitored or made at a time when Kyle could be distracted, such as in the car. Mrs. Tokach is to make no comments or influence Kyle before or while he is on the phone with his father. This is complete manipulation of Kyle and will stop immediately. Further, nothing but positives are to be spoken about the Jewish religion. If Kyle must hear religious bigotry it shall not come from the home or church. There is obviously a communication problem. However, this negative aspect of the parent's relationship should not impact Kyle. It is unnecessary for every nuance of a custody agreement to be in print, unless the parties' wish to acquire a 300-page document with attorney fees to match. Further, the only person to suffer from all this is Kyle, through the parents' battling and the attorney fees and court costs the parties must pay. If Mr. Rosen's simple requests are not complied with immediately, further court action will be required. It is noted that Mr. Rosen now feels that his only option is to petition for joint physical custody, which I hope to avoid by this letter. Please advise your client. Resp Ily you v~ Derek J. rdier, Esq. T ~!1 \. c F.: ~' l I l.. •~. 1 'I I .. ~J Tj~ - 1 ~ t R 11 Yv rt • J ~ ~ i x ~~ ~ ^ .' ~ ~ ji ~[ ;t63 ~~ y _~{ {{{jjj '. i` F .. _ .;' a ~~ 4 r y `t ~ :z i ~, 4) ; ~. F. 3 ~ DANE LOUISE (ROSEN) TOKACII, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMDERLAND COUNTY, PENNSYLVANIA vs. 97-132G CIVIL ACTION LAW JEFFREY ROSIN, Dcfcndtutt IN CUSTODY ORUF.R OF COURT ANU NOW, this .~ I I^ day of -rte ~ ~,, 2002, upon consideration of the attached C'uslody Conciliation Report, it is ordere and directed as follows: I. "I'hc prior Order ol'this ('Dori doted January 1 G, 2001 shall continue in effect as modified by this Order. 2. '1'hc puriics shall engage in a course of mediation with a newly selected mediator for the purpose of establishing a litnun for the parties to address issues conceming the Child and resolve disputes ~m nn ongoing basis. 'I'hc I~uthcr shall make the initial suggestion for selection of a mediator and the Mosher Shull cooperate with the Father's suggestion. Each party shall contact the selected mcdiutor as promptly us possible to schedule the first session. The parties shall follow the rccommendutions of the mcdiutor with respect to the frequency and duration of the mediation. The puriics Shull equally shtuc all costs of mediation which are not paid by insurance coverage. 3. The puriics agree tltut the Child shall continue to participate in counseling with Sally Ruoncy, Ncitltcr puny sltull discuss substantive issues with the counselor or have unilateral contact with the counselor (with the exception of scheduling appointments and providing transportation of the Child for appointments) unless both parties are present. 4. Parugntph 5 of the Junuury 1G, 2001 Order is deleted and mplaced with the following provision: When the Child has a day off from school for an In-service day, Act 80 day or Conference day, tltc I~atltcr sltull Ituvc custody of the Child from 9:00 a.m. until 7:00 p.m. in the event the Father Itns provided 7 days udvattcc written notice of his intent to exercise his right under this provision. The Mother shots hove custody on Columbus Day, Martin Luther King Day, Good Friday and President's Uay. lhdcss the puriics agree otherwise, the Mother shall have custody of the Child on any day when Ihere is no school due to inclement weather. „, _~, ,;;, 5. During the summer school break, the Father shall be entitled to have custody of the Child for up to Snon-consecutive days (from 9:00 a.m. until 7:00 p.m., unless agreed otherwise) in the event the Father provides written notice at Icast 7 days in advance. The Father shall not schedule periods of custody under this provision which would interfere with the Mother's weekend, holiday or vacation periods of custody. The Father shall be responsible to transport the Child to any regularly scheduled activities during periods of custody under this provision. G. Paragraph 7 A of the January 1G, 2001 Order is modified as follows: CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, the Fnthcr shall have custody from Christmas Day at 12:00 noon through December 26 at 7:00 p.m., the Mother shall have custody from December 2G at 7:00 p.m. through December 28, at 9:00 a.m. and the Father shall have custody from December 28 at 9:00 a.m. through January 1 at 7:00 p.m. 7. 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: Derek J. Cordier, Esquire -Counsel for Father Marcus A. McKnight, IiI, Es uire -Counsel for Mother "~0~ .,b •7P. BY THE COURT, DIANE LOUISE (ROSEN) TOKACH, Plaintiff vs. JEFFREY ROSEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-132G CIVIL ACTION LAW IN CUSTODY 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 Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held on June 27, 2002, with the following individuals in attendance: The Mother, Diane Louise Tokach (Rosen), with her counsel, Marcus A. McKnight, 111, Esquire, and the Father, Jeffrey Rosen, with his counsel, Derek J. Cordicr, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire ~ Custody Conciliator UTANf: LOUISG (ROSIiNI TOKACH IN'I'lIF C'Ul1R f OP C'UM\lON PI.hAS OF I'LAIN'I'IPI' C11M11111iR1.ANU ('OIJN'I'1', PIiNNSYLVr1NIA V 1GFFI(L•Y ROSGN I)IiPIiNDANT • 97-1326 CIVII. AC"I'IUN LAW IN ('US'I'OUl' ORDER OF COURT ANU NOW, ____1Vednesdny,Jone 21, 2006 ____ __, upon consideration of the u((nched Complain!, it is hcrch)• directed that panics and their respcctice axmsd appear hctbrc Dawn S. Sunday, Esq. ,the conciliator, al 39 West Main Street, Mechunlcsburg, PA_ 17055 _ on _ _ Thursduri July 27, 2006 __ ai 10:30 AM litr a Pre-Ilcaring Cus«tdy Conicrcnce. At such conlcrcncc, an el)itrt twill he mode w resohc the issues in dispute; or if this cannot he accomplished, to deline and narrow the issues ut he heard by the court, and to enter into a tentporan• order. All children aae Iite ur older nuts also he present nt the conlcrence. Failure w appear al the conlcrence may pn» ide grounds titr cnln• ol'a lentporan' or prrnrutent order. The court hcreb)• dlrccts the parties to furnish an)' tout all csisthtg PnHcctlon fnnn Abuse orders, tipecial Rclicf orders, untl Cusludv orders to the condliutor al( hours prior to scheduled hcurinL. FOI('rnE cOuirr. 1)v: _ h/ Darvn S. Sunday, Esq. _ __ Cus«tdc C'uncilialor Y - The Court ul'Common 1'Ieas ol'C'umhcrland Cuunl) is required h)• Iaty to compl)• wish the Americans with Disahililes Act of 1990. For infitnnation about accessible facilities :Ind reasonable accommodations available to disabled individuals having business befixe the coon, please conbtct our ot)ice. All arr:mgemenlr• must be made at Icasl 72 hours prior to any hearing or business hctitrc thr court. You must attend the scheduled conicrence or hearing. YUIJ tiIIOULD TAKE TIIIS PAI'IiR'f(1 YOUR A'f"fORNEY A'I' ONCE. IF 1'OU UO NOT IIAVE AN A'I"I'ORNIiY OR C'ANNO'1'.AFI'ORD ONG, (iU'I'O OR'I'EI.GPI IONIi TIIE OFFICE: Slf 1'OR'I'll I)IiLO11''f0 FIN'U OUT 1VIIIiRIi Y'OlJ ('AN (ili"f LI?(iAl. IIGLP. ('unthcrlnnd ('ounty I)or Association ?? South IJedlirrd ltreet Carlisle, Pennsvkania 17013 'Iblephtme 1717)?a9-3160 ~QJ i- .., ,; ~i •?a •Cra Qi.~' ~' u" f •da •GYo ~j~ ~~d d ~; „ , DIANE LOUISE (ROSEN) TOKACH, Pluintiff/Pctitioncr IN THF. COURT OF COMMON PLEAS OF CUMRERLANU COUNTY, PENNSYLVANIA v. CIVIL, ACTION -LAW 97-1326 CIVIL TERM JEFFREY ROSEN, Defendunt/Respondent IN CUSTODY ORDER OF COURT AND NU W, this day of , 2006, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at on the day of ,2006 at . M. for a Prc-Hearing Custody Conference. At such conference, un 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 this conference may provide grounds for entry of a temporary or permanent order. Ry the Court, Ily: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LA\VYER AT ONCE. IF YOU DO NO'f HAVE A LAWYER OR CANNOT AFFORD ONE, CO TO OR TELEPHONE THE OFFICE SET FORTH RELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Ilur Association 32 South Redford Street Carlisle, Pennsylvania 17013 (717)249-3166 1-800-990.911)8 S AMERICANS WITH UISAl11LIT1ES ACT OF 1990 The Court of Common Pleas of Cumberland County ix required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommalations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at Ieast 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. UTANI: LOU1SIs (ROSIsN) 'I'OKACH, IN'I'HIs COURT OF COMMON 1'LI:AS OF Pluintiff/Petitioner CUMI3GRLANU COUNTY, PIsNNSY1.VAN1A v. CIVIL. ACTION - I.AW 97-1326 CIVIL TERM JEFFREY ROSEN, Defendunt/Rcspondent IN CUS'1'OUY PI?1'1'1'ION FOR MOUIFICA'1'ION OF CUS'1'OUY AND NOW comes the Petitioner, Diane Louise (Rosen) Tokach, by her attorneys, Irwin & McKnight, and presents the fallowing Petition for Modification of Custody. The Petitioner is Diane Louise (Rosen) Tokach, an adult individual residing ut 2 Rcd Barberry Drive, Etters, York County, Pennsylvania 17319. 2. The Respondent is Jeffrey Rosen, an adult individual residing at 350 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17101, 3. The panics are the natural parents of one child, namely, Kyle R. Rosen, horn January 2. 1995. 4. The panics entered into a custody agreement pursuant to a Custody Conciliation Report and Court Order on July 8, ?002, a copy of which is attached hereto and marked as Exhibit "A". 5. As Kyle has grown older, he has become involved in various activities including Boy Scouts. There arc times when the Respondent has temporary custody of Kylc, that activities an: made un issue. 6. Kyle and his mother desire that his periods of tentporury custody with his father be modified during the school year, the summer, and over the Christmas holiday. 7. Kyle is an outstanding student and wants to maintain a schedule balanced by his academic work and other activities such as I3oy Scouts. 8. The modification sought by the Petitioner/Mother on behalf of Kyle arc in his best interests. 9. A Custody Conciliation Conference is requested by the Petitioner/Mother to modify the previous Order to reflect the best interest of the child us referenced above. WHEREFORE,, Petitioner, Diane Louise (Rosen) Tokach, respectfully requests that the a Custody Conciliation Conference be scheduled to modify the previous Order to reflect the best interest of the child as referenced above. Respectfully submitted, IRWIN & McKNIGHT MarcusMcKnight, III, Esquire /Attorney r Petitioner ~ 60 W omfrct Strcet Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Coun LD. No. 25476 Date: June 14, 2006 IsXHllil'f "A" JUL ~-s?opz DIANL• LOUISE (ROSEN) TOKACH, Plaintiff vs. JEFFREY ROSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-132G CIVIL ACTION LAW IN CUS'T'ODY ORDER OF COURT AND NO~V, this ~1,~' day of ~J,.~t,:r_ 2002, upon consideration of the attached Custody Conciliation Repo , it i ordered and directed as follows: I. Tltc prior Order of this Court dated January 1G, 2001 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of mediation with a newly selected mediator for the purpose of establishing a forum fur the panics to address issues concerning the Child and resolve disputes on an ongoing basis. The Father shall make the initial suggestion for selection of a mediator and the Mother shall cooperate with the Father's suggestion. Each party shall contact the selected mediator as promptly as possible to schedule the first session. The parties shall follow the recommendations of the mediator with respect to the freyucncy and duration oC the mediation. The panics shall equally share all costs of mediation which arc not paid by insurance coverage. 3. The panics agree that the Child shall continue to participate in counseling with Sally Rooney. Neither party shall discuss substantive issues with the counselor or have unilateral contact with the counselor (with the exception of scheduling appointments and providing transportation of the Child for appointments) unless both parties arc present. 4. Paragraph 5 of the January IG, 2001 Order is deleted and replaced with the following provision: When the Child Iris a day off Gum school for an In-service Jay, Act 80 day or Conference day, the Fatltcr shall have custody of tlrc Child from 9:00 a.m. until 7:00 p.m. in the event tlic Father has provided 7 days advance written notice of his intent to exercise his right under this provision. The Mother shall have custody on Columbus Day, Martin Luther King Day, Good Friday and President's Day. Unless tlrc parties agree otherwise, the Mother shall have custody of the Child on any day when there is no school due to inclement weather. 5. During the summer school break, the Father shall be entitled to have custody of the Child for up to S tton-consecutive days (from 9:00 a.m. until 7:00 p.m., unless agreed otherwise) in the event tltc Falltcr provides written notice at least 7 days in advance. The Father shall not schedule periods of custody under this provision which would interfere with the Mother's weekend, holiday or vacation periods of custody. The Father shall be responsible to transport the Child to any rcqularly scheduled activities during periods of custody under this provision. G. Paragraph 7 A of lltc January 1G, 2001 Order is modified as follows: CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Evc at 12:00 noon until Christmas Day at 12:00 noon, tltc Father shall have custody Gom Christmas Day at 12:00 noon through Dccembcr 26 at 7:00 p.m., the Mother shall have custody from Dccembcr 2G at 7:00 p.m. through Dccembcr 28, at 9:00 a.m. and the Father shall have custody from Dccembcr 28 at 9:00 a.m. through January I at 7:00 p.m. 7. This Order is entered pursuant to an agreement of the parties al a Custody Conciliation Conference. The parties may modify the provisions of lltis Order by mutual consent. In tlic absence of mutual consent, the terms of this Order shall control. BY THE COURT, 15/ ~. ~.cg~;~ L~.71__. J. W Icy Olcr, Jr., J, cc: Derek J. Cordier, Esquire -Counsel for Father Marcus A. McKnight, III, Esquire -Counsel for Mother TRUE VOPY FROM RECORD to Testimony whereof, I here unto set my nano +nd the of saA Court at Carlisle. Pa I hl day of ~ o'~~• Prothtatotery DIANL' LOUISE (ROSEN) TOKACH, Plaintiff vs. JEFFREY ROSEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COUR'C OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-132G CIVIL ACTION LAW [N CUSTODY CUSTODY CONCILIATION SUMIViARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. 1'I~c pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held on June 27, 2002, with the following individuals in attendance: The Molhcr, Diane Louise Tokach (Rosen), with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Jeffrey Rosen, with his counsel, Derck J. Cordicr, Esquire. 3. The parties agreed to entry of an Order in the form as attached. A 8 aooa ' ~, Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowled8e, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. ANE L. TOKACH Date: ~/~~/t/~ ~~ ~~ C, G3 ~- M ~. ,n ~ F. :. ~ ~ ~,. ; _ _; ~, UTANh LOUISIi ROSIiN IN'I'lIG COURT' UP C'041~fUN 1'LIiAS OF I'LAIN'I'IFF CUMl3GRLAND CUUN I'Y, PIiNNSYI.VANIA \r' 97-1326 CIVIL AC"PION LA\V 1GFPRC•.Y ROSIiN IN C'lJS'fOUI' DIiFP.NDAN1' ORD(iR OP COURT AND NO11'. __ ._.. Wedncsday,July 05, 2006__ ___. _____, upon consideration ol'the attached Complain(. it is hereby directed that parties :utd their respective counsel appear helim Dawn S. Sunday, Esq. ,the conciliator at___ 39 \Vest Muin Strce(,_Mechnnicsburg, PA 17055 on _ __ __ Thursday. July 27, 2006 _ , ____ at 10:30_AM liv aPre-Hearing Custody Conference. AI such conicrcncc, an effort will he made to resolve the issues in dispute; or if this cannot he accomplished. to dclinc and narrova the issues to he he:vd h)' the court, and to enter imo a temporary order. All children aRe five or older may also be present at the conference. Failure «+ appear al the conference nt:n' pnn•ide grounds tilt entq of a tentporaq• or permanent order. The court hereby dirrcls the parties to furnish an)' and all esisting Protection from Abuse orders, Special 12cllef orders, and Custod~• orders to the conciliator aA hours prior to scheduled hcurine. FOR'fl IE COUI('f. 13v: h/ __ Damn S. Sunder Esq____~~____ _ ---- ---_ Custody Conciliator "I"hc C'ourt of Conunon Picas of ('umherland County is required bylaw «, comply with the r\mericans with Disahilites Act of 1990. For infixmation about accessible facilities and reasonable accommodations available «r disabled individuals having business helive the court, please contact our oliice. All arrmgements must he made al least 7? hours prior w ;u+y hearing or husincss hclive the court. You must attend the scheduled conlercnce or having. YOU SIIOULD "fAKG'I'1115 I'APf•.R I'O YOUR Al"'fORNIiY A'f ONCG. IF YOU UO NO'f FIr1VG AN A'f l'ORNIiI' OR C'ANNOT' AFFORD ONG, (i0'f0 OR TGLGPIIONG'fHF_ OFI'ICE SGT PORT'II 13G1.0\Y TO FIND OUT \\'HGRG YOU C'AN (ili'I' LL'(iAL IIC•.LP. Cuntherland C'ounly 13ar Association 32 South Ballivd Strcct Carlisle. Pennsylvania 17013 Telephone (7171249-31GG ~L~ ~~~ 7•r~ ~~~ 7'S•oG• i7vfiic~ .•~~ Z ~ ~~'~'~` JUrJL ~( DIANE LOUISF. ROSEN, (TOKACH) Plaintiff/Respondent v. JEFFREY ROSEN, llcfendant/Pclitioncr: IN THE COURT OF COMMON 1'LF.AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.97-1326 CIVIL TERM IN CUSTODY ORDF,R OF COURT AND NOW, this day of , 2006, upon consideration of the attached Petition for Civil Contempt, it is hereby directed that the parties and their respective counsel shall appear before ,the Conciliator, at on the day of , 2006 at o'clock _.m., for a Prc-Hearing Custody Conference. At such conference, an effort will b<; 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. FOR THE COURT. BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 arrangement 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 TEIIS PAPER 7'O YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP}10NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ZUUG~ 5 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 DIANE LOIJISE ROSIN. ('fOKACIi) I'luinti f7%Respondent v. JEFFREY ROSEN, , DcfcndunUPctitioncr IN 'I'l lli COl1R'I' OI' COMMON I'I,EAS OI~ CUMI3I:RLANU COUNTY, I'I:NNSYLVANIA CIVII. ACTION -LAW N0.97-1326 CIVII,'I'IiRM IN Cl1S'1'OUY PF,TITION FOR CIVIL CONTEMPT FOR DISO131iDII:NC1: OI~ CUSTODY ORDER AND NUW, this 27`h Jay of Junc, 2006, comes Petitioner Jcffrcy Rosen, by his attorney, Peter B. Foster, Esquire, and represents the following in his Petition for Civil Contempt: Petitioner is Jeffrey Rosen, who resides at Presbyterian Apartments, 322 North Second Street, Harrisburg, Dauphin County, 1'A 17101. 2. Respondent is Diane Louise Rosen'I'okach, who resides at 2 Bartxrry Road, Etters, York County, PA 17319. 3. The Petitioner and Respondent are the parents of Kyle R. Rosen, born January Z, 1995. 4. A Custody Order dated January 16, 2001, is presently in effect. A true and correct copy of said Order is attached as Eixhibit "A." COUNTI CONTEMPT 5. Petitioner incorporates by reference Paragraphs 1-4 of this Petition as if said averments were fully set forth at length herein. 6. Respondent has willfully failed to abide by said Order in that: a) On April 26, 2006, Petitioner gave Respondent advance notice that he desired to have one week summer visitation from July 28 to August 3 and two weeks summer visitation ;i fiom August 13 to 26, 2006 with said child incompliance with I'ur~tgraph G ol'said Custody Order. b) Respondent has intentionally scheduled said child's summer activities and her summer visitation with said child to conflict with Petitioner's planned summer visitation with said child as shown by u memorandum of Kyle's summer schedule sent by Respondent to Pctitioncr, attached ac Exhibit "I): ' c) Consequently, Respondent has intentionally denied Petitioner his three-week period of summer partial custody of said child in violation of Paragraph 6 of said Order. WHEREFORE, for all the foregoing reasons, Petitioner requests that Respondent be held in contempt of court. COUNT II Pctitioncr incorporates by reference Paragraphs I -6 of this Petition as if said ~~ averments were fully set forth at length herein. S. On June 2, 2006, Respondent telephoned Petitioner to inquire about the conflict between Petitioner's proposed summer vacation schedule with said child. 9. At said time, while Respondent was on the telephone with Petitioner, she stated to Kyle: "Your father is taking me to court again. You are going to loco me:' 10. Said statement by Respondent had a very adverse, negative effect on the relationship between Petitioner and said minor child, his son. I I. Said statement by respondent was similar to many negative statements made by Respondent about the child's father to said child in the past. 12. Said statement wac not in the best interest of the child. WFIERGPORL', for all the tiucgoing reasons, Petitioner Jcllrey Rosen, rcyucsts this Honomble Court to require Respondent, Diane Louise'I'okach, to attend parenting classes with a psychologist ordered by the Court ut Respondent's expense. COl1N9' I11 SANCTIONS 13. Petitioner incorporates by reference Pnragmphs I-12 of this Petition as if said averments were fully set forth at length herein. 14. Because of Respondent's vexatious and obdurate conduct over the past six years in intentionally denying Petitioner partial custody and visitation with said child in violation of various custody orders governing the Parties' custody of said child, Petitioner has been required to file three prior petitions for mediation with the Court. I5. In the instant case, the facts clearly show that Respondent, again, has intentionally deprived Petitioner of partial custody with his son in violation of an existing custody order. 16. Said vexatious and obdurate conduct by Respondent has caused Petitioner to litigate custody issues with Respondent which are meritless from Respondent's standpoint and which have caused Petitioner to incur substantial, unnecessary attorney's fees. 17. Said vexatious and obdurate conduct by Respondent justifies sanctions against Respondent of an award of attorney's fees against Respondent in favor of Petitioner in this action. WFII:RLFORB, for all the foregoing reasons, Petitioner Jcffrcy Rosen rcyucsts this Honorable Court to enter u judgment against Respondent Diane Louise'1'okach for his attorney's lets incurred in this action. Respect1611y submitted, June 27, 2006 Peter [3. Poster, L•squirc Attorney f'ur Petitioner I'INSKGY & POSTER 114 South Street I larrisburg,l'A 17101 717-234-9321 I.D. # 15357 DIANE LOUISE (ROSEN) TOKACH~ IN THE ODURT OF OOMMCN PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY PENNSYLVANIA yg, : NO. 97-1326 CIVIL TERM JEFFREY ROSENr CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDFR OF OCDRT AND NOWT this ~~ day of ~a~ f ~ 2001r upon consideratirn of the attached Custody Conc 1 anon Repor ~ t is ordered and directed as follows: 1. The prior Orders of this Court dated September 15, 2000 and December 28, 2000 are vacated and replaced with this Order. 2. 7fie Mother, Diane Louise Tokach~ and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. Each parent shall have an equal rights 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. 3. Rfie Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 7:00 p.m. and on every Thursday from 11:30 a.m. until 7:00 p.m. 5. When the Child has a day off from school for an inservice day, Act BO dayr conference day or for any reason other than Columbus Day, Martin Luther King Day, Good Friday and Presidents' Day (on which the Mother shall have custody of the Child) the Father shall have custody of the Child from 9:00 a.m. until 7:00 p.m. The Father shall notify the Mother at least 5 days in advance if he will not be available to exercise his periods of custody under this provision. Unless the parties agree otherwise the Mother shall have custody of the Child on any day when there is no school due to inclement weather. Notwithstanding the foregoing the Father shall have make-up periods of custody with the Child a~ Martin Luther King Day, Presidents' Day and Columbus Day in 2001. Unless otherwise agreed between the parties. this provisirn shall not apply to the Child's holiday school breaks for Christmas Easter and Thanksgiving during which the regular custody schedule shall govern foc days not specifically addressed in provision 7. 6. Each party shall be entitled to have custody of the Child for 3 weeks (with no more than 2 weeks to be scheduled consecutively) during each year upon providing at least 30 days advance notice to the other party. The Father shall be entitled to have custody of the Child for an additional Hxhibit "A" 3 days during the summer 2001 to makeup for a missed period of custody over Father's Day weekend in 2000. The Father shall not schedule his additional 3 day period of custody to exceed the 2 week maximum for a single continuous period of custody. The extended custody schedule under this provision shall supersede and take precedence over the regular custody schedule. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. CffitIS141AS: in every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the Father shall have custody of the Child fcan Christmas Day at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. TfiANRSGIVIIdG: in every year, the Mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. NEid YEARS: In every year, the Father shall have custody of the Child from New Years Eve at 5:00 p.m. until New Years Day at 7:00 p.m. D. EASTER: In every year the.MOther shall have custody of the Child on Easter Sunday from 8:00 a.m. until 7:00 p.m. E. MII~1DRiAL ~A7C/JOEY 4th/LABOR DAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. The period of custody on Memorial Day and Labor Day shall run from 9:00 a.m. until 7:00 p.m. and the period of custody on July 4th shall run from 9:00 a.m. until after the fireworks. F. MDT~'R'S DAY/FATBPR'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule under provision 4, the special schedule under provision 5 and the extended custody schedule under provision 6. 8. In the event the Mother requires care for the Child fora period of 5 hours or more during her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care before contacting third party caregivers. 9. The Mother shall ensure that the Child makes a reasonable effort r' to contact the Father after school by telephone 2 times per week. This provisirn shall not be cited as the sole basis for a contempt allegation by the Father. 10. Unless provided otherwise in this Order, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 11. Each party shall ensure that the Criild is wearing a seat belt at all times while being transported during his or her periods of custody. 12. In the event either party intends to remove the Child from his or her residence far an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 13. The parties shall engage in a course of mediation for the purpose of establishing a forum for the parties to address issues concerning the Child and resolve disputes on an ongoing basis. Each party shall contact Tressler Lutheran Services within 10 days of the date of this Order to schedule the first session with the mediator. The parties shall fellow the recommendations of the mediator with respect to the frequency and duration of the mediation. 14. The parties agree to submit a joint letter, through wunsel, to Stanley Schneider, PhD. to obtain a reconmendation as to whether further evaluation of the custody arrangements is advisable at this time. 15. The parties agree that jurisdiction of the custody issues shall remain in Ctiunberland County. 16. 21tis Order is entered pursuant to ~.n 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 OOURT, '',,;~ CO?Y FROM R~~:'^RD .. ~/ whuc:f, I i~ ..... •, t u~{ hand ..,..... e. ; .. ! of ~•li~ ~1'I~ ~t ~ „ i ~, Pa. 1h~s ......~.l~... ay f . ~Q,1,1 ... , Q..~.. Pr thonotary .$ J. esley Oler, J ., ' cc: Marcus A. McKnight, III, Esquire -Counsel for Mother Jacqueline M. Verney, Esquire -Counsel for Father ~.. .~_ Kyle's summer schedule June 25-July 1" Boy Scout Camp at Hidden Valley July 9-IS Vacation with me July 24-28 Staff member for Cub Scout day camp (evenings 6pm-9pm) August 6-12 Mission Trip to North Carolina with church (I will have more Information June 25 but they usually leave Carlisle very early And arrive back home very late) August 13 Boy Scout picnic and pool party (afternoon only) August 21-27 I would like to take at least part of this week as vacation time as Kyle would like to spend some days at home prior to returning to school 8/28 and I only have one week vacation scheduled at this time. You asked who would be the responsible parent at Kyle's scout camp and the NC mission trip, At Boy Scout Camp the staff of Hidden Valley is responsible for the scouts. Parents ' (except troop leaders) do not typically spend the week at camp. North Carolinatrip -since Kyle is not in middle school yet I need to go along on the trip but John Bovard, youth Director, is responsible for the trip. Exhibit "B" V IiRll~ ICA'I'ION 1, Jeflrcy, Rosen, hereby verify that the statements made in the foregoing 1'elilion arc true and correct to the best of my knowledge, information and lxlict: I understand that false statements herein arc made subject to the Ixnalties of I K 1'a.C.S.A. ~ 4904 relating to unsworn falsification to authorities. June,2006 Je c Zos n l~~ ~' -, ~ ~ ~ r ~- ~3. C) ~' , . DIANE LOUISE (ROSEN) TOKACH, Plaintiff/Petitioner v. JEFFREY ROSEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 97-1326 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Diane Louise (Rosen) Tokach, by her attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner is Diane Louise (Rosen) Tokach, an adult individual residing at 2 Red Barberry Drive, Etters, York County, Pennsylvania 17319. 2. The Respondent is Jeffrey Rosen, an adult individual residing at 350 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17101. 3. The parties are the natural parents of one child, namely, Kyle R. Rosen, born January 2, 1995. 4. The parties entered into a custody agreement pursuant to a Custody Conciliation Report and Court Order on July 8, 2002, a copy of which is attached hereto and marked as Exhibit "A". 5. As Kyle has grown older, he has become involved in various activities including Boy Scouts. There are times when the Respondent has temporary custody of Kyle, that activities are made an issue. 6. Kyle and his mother desire that his periods of temporary custody with his father be modified during the school year, the summer, and over the Christmas holiday. 7. Kyle is an outstanding student and wants to maintain a schedule balanced by his academic work and other activities such as Boy Scouts. 8. The modification sought by the Petitioner/Mother on behalf of Kyle are in his best interests. 9. A Custody Conciliation Conference is requested by the Petitioner/Mother to modify the previous Order to reflect the best interest of the child as referenced above. WHEREFORE, Petitioner, Diane Louise (Rosen) Tokach, respectfully requests that the a Custody Conciliation Conference be scheduled to modify the previous Order to reflect the best interest of the child as referenced above. Respectfully submitted, IRWIN & McKNIGHT Date: June 14, 2006 ~Vlarcu ~1VIcKnight, III, Esquire Attorney r Petitioner 60 We omfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 EXHIBIT "A" JUL fj~52po2 DIANE LOUISE (ROSEN) TOKACH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1326 CIVIL ACTION LAW JEFFREY ROSEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~,~~ 2002, upon consideration of the attached Custody Conciliation Repo , it i ordered and directed as follows: 1. The prior Order of this Court dated January 16, 2001 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of mediation with a newly selected mediator for the purpose of establishing a forum for the parties to address issues concerning the Child and resolve disputes on an ongoing basis. The Father shall make the initial suggestion for selection of a mediator and the Mother shall cooperate with the Father's suggestion. Each party shall contact the selected mediator as promptly as possible to schedule the first session. The parties shall follow the recommendations of the mediator with respect to the frequency and duration of the mediation. The parties shall equally share all costs of mediation which are not paid by insurance coverage. 3. The parties agree that the Child shall continue to participate in counseling with Sally Rooney. Neither party shall discuss substantive issues with the counselor or have unilateral contact with the counselor (with the exception of scheduling appointments and providing transportation of the Child for appointments) unless both parties are present. 4. Paragraph 5 of the January 16, 2001 Order is deleted and replaced with the following provision: When the Child has a day off from school for an In-service day, Act 80 day or Conference day, the Father shall have custody of the Child from 9:00 a.m. until 7:00 p.m. in the event the Father has provided 7 days advance written notice of his intent to exercise his right under this provision. The Mother shall have custody on Columbus Day, Martin Luther King Day, Good Friday and President's Day. Unless the parties agree otherwise, the Mother shall have custody of the Child on any day when there is no school due to inclement weather. 5. During the summer school break, the Father shall be entitled to have custody of the Child for up to Snon-consecutive days (from 9:00 a.m. unti17:00 p.m., unless agreed otherwise) in the event the Father provides written notice at least 7 days in advance. The Father shall not schedule periods of custody under this provision which would interfere with the Mother's weekend, holiday or vacation periods of custody. The Father shall be responsible to transport the Child to any requlazly scheduled activities during periods of custody under this provision. 6. Paragraph 7 A of the January 16, 2001 Order is modified as follows: CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 7:00 p.m., the Mother shall have custody from December 26 at 7:00 p.m. through December 28, at 9:00 a.m. and the Father shall have custody from December 28 at 9:00 a.m. through January 1 at 7:00 p.m. 7. 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, J. W ley Oler, Jr., ~. cc: Derek J. Cordier, Esquire -Counsel for Father Mazcus A. McKnight, III, Esquire -Counsel for Mother TRUE LOPY ~RtJP+A RECORD yn Testmwny whereof, i here unto set my nand end the of Bald court at Carlisle, Pa r hi ~Y ~ ~~-Q' Protho~-oterY °'L- DIANE LOUISE (ROSEN) TOKACH, Plaintiff vs. JEFFREY ROSEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1326 CIVIL ACTION LAW 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Conciliation Conference was held on June 27, 2002, with the following individuals in attendance: The Mother, Diane Louise Tokach (Rosen), with her counsel, Mazcus A. McKnight, III, Esquire, and the Father, Jeffrey Rosen, with his counsel, Derek J. Cordier, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ,~ 8 , d~~ Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ L.TOKACH Date: (~/~~/(/~O _ ... ""r7 L . ~ T, - Cs 7 - n ~ _"~ - i r • ~ - ~,r~ r ,- ==c ,~ DIANE LOUISE (ROSEN) TOKACH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY ROSEN DEFENDANT 97-1326 CCVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 21, 2006 ,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 Thursday, July 27, 2006 a[ 10:30 AM for aPre-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 ail existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Dawn S. Sunda Es . 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 otlice. 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 ]7013 Telephone (717)249-3166 ~ ~ ~ ~ ~~~ ~~ 'err ~' /~""'r ;~ ~o- ~~ ~• PP- ~ ~t'-'I riJ'~r ,l': a~ it dC~ DIANE LOUISE ROSEN (TOKACH) v. PlaintiffJRespondent JEFFREY ROSEN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.97-132b CIVIL TERM IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 27a' day of June, 2006, comes Petitioner Jeffrey Rosen, by his attorney, Peter B. Foster, Esquire, and represents the following in his Petition for Civil Comempt: Petitioner is Jeffrey Rosen, who resides at Presbyterian Apartments, 322 North Second Street, Harrisburg, Dauphin County, PA 17101. 2. Respondent is Diane Louise Rosen Tokach, who resides at 2 Bazberry Road, Etters, York County, PA 17319. 3. The Petitioner and Respondent are the pazents of Kyle R. Rosen, born January 2, 1995. 4. A Custody Order dated January 16, 2001, is presently in effect. A true and correct copy of said Order is attached as Exhibit "A." COUNTI CONTEMPT 5. Petitioner incorporates by reference Paragraphs 1-4 of this Petition as if said averments were fully set forth at length herein. 6. Respondent has willfully failed to abide by said Order in that: a) On Apri126, 2006, Petitioner gave Respondent advance notice that he desired to have one week summer visitation from July 28 to August 3 and two weeks summer visitation from August 13 to 26, 2006 with said child in compliance with Paragraph 6 of said Custody Order. b) Respondent has intentionally scheduled said child's summer activities and her summer visitation with said child to conflict with Petitioner's planned summer visitation with said child as shown by a memorandum of Kyle's summer schedule sent by Respondent to Petitioner, attached as Exhibit "B." c) Consequently, Respondent has intentionally denied Petitioner his three-week period of summer partial custody of said child in violation of Paragraph 6 of said Order. WHEREFORE, for all the foregoing reasons, Petitioner requests that Respondent be held in contempt of court. COUNT II 7. Petitioner incorporates by reference Paragraphs 1-6 of this Petition as if said averments were fully set forth at length herein. 8. On June 2, 2006, Respondent telephoned Petitioner to inquire about the conflict between Petitioner's proposed summer vacation schedule with said child. 9. At said time, while Respondent was on the telephone with Petitioner, she stated to Kyle: "Your father is taking me to court again. You are going to lose me." 10. Said statement by Respondent had a very adverse, negative effect on the relationship between Petitioner and said minor child, his son. 11. Said statement by respondent was similaz to many negative statements made by Respondent about the child's father to said child in the past. 12. Said statement was not in the best interest of the child. WHEREFORE, for all the foregoing reasons, Petitioner Jeffrey Rosen, requests this Honorable Court to require Respondent, Diane Louise Tokach, to attend parenting classes with a psychologist ordered by the Court at Respondent's expense. COUNT III SANCTIONS 13. Petitioner incorporates by reference Pazagraphs 1-12 of this Petition as if said averments were fully set forth at length herein. 14. Because of Respondent's vexatious and obdurate conduct over the past six yeazs in intentionally denying Petitioner partial custody and visitation with said child in violation of various custody orders governing the Parties' custody of said child, Petitioner has been required to file three prior petitions for mediation with the Court. 15. In the instant case, the facts cleazly show that Respondent, again, has intentionally deprived Petitioner of partial custody with his son in violation of an existing custody order. 16. Said vexatious and obdurate conduct by Respondent has caused Petitioner to litigate custody issues with Respondent which are meritless from Respondent's standpoint and which have caused Petitioner to incur substantial, unnecessary attorney's fees. 17. Said vexatious and obdurate conduct by Respondent justifies sanctions against Respondent of an award of attorney's fees against Respondent in favor of Petitioner in this action. WHEREFORE, for all the foregoing reasons, Petitioner Jeffrey Rosen requests this Honorable Court to enter a judgment against Respondent Diane Louise Tokach for his attorney's fees incurred in this action. Respectfully submitted, June 27, 2006 \ ~-"~ ~_ Peter B. Foster, Esquire Attorney for Petitioner PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. # 15357 ~- DIANE LOUISE (ROSEN) TOKACH, Plaintiff/Petitioner vs. JEFFREY ROSEN, Defendant/Respondent ORC IN THE BURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 97-1326 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BR OF C0Of2T AMID NOWT this ~LO day of ~~ (^ , 2001, upon consideration of the attached Custody Conciliation Repor , it is ordered and directed as follows: 1. The prior Orders of this Court dated September 15, 2000 and December 28, 2000 are vacated and replaced with this Order. 2. The Mother, Diane Louise Tokach, and the Father, Jeffrey Rosen, shall have shared legal custody of Kyle R. Rosen, born January 2, 1995. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 7:00 p.m. and on every Thursday from 11:30 a.m. until 7:00 p.m. 5. When the (9iild has a day off from school for an inservice day, Act 80 day, conference day or for any reason other than Columbus Day, Martin Luther King Day, Good Friday and Presidents' Day (on which the Mother shall have custody of the Child), the Father shall have custody of the Child from 9:00 a.m. until 7:00 p.m. The Father shall notify the Mother at least 5 days in advance if he will not be available to exercise his periods of custody under this provision. Unless the parties agree otherwise, the Mother shall have custody of the Child on any day when there is no school due to inclement weather. Notwithstanding the foregoing, the Father shall have make-up periods of custody with the Child on Martin Luther King Day, Presidents' Day and Columbus Day in 2001. Unless otherwise agreed between the parties, this provision shall not apply to the Child's holiday school breaks for Christmas, Faster and Thanksgiving during which the regular custody schedule shall govern for days not specifically addressed in provision 7. 6. Each party shall be entitled to have custody of the Child for 3 weeks (with no more than 2 weeks to be scheduled consecutively) during each year upon providing at least 30 days advance notice to the other party. The Father shall be entitled to have custody of the Child for an additional Exhibit "A" 3 days during the summer 2001 to makeup for a missed period of custody over Father's Day weekend in 2000. The Father shall not schedule his additional 3 day period of custody to exceed the 2 week maximum for a single continuous period of custody. The extended custody schedule under this provision shall supersede and take precedence over the regular custody schedule. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. ~T-ins: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the Father shall have custody of the Child from Christmas Day. at 12:00 noon through December 26 when the Mother returns from work or as otherwise agreed by the parties. B. T'6~cSGIVIIJG: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from 2:00 p.m. until 8:00 p.m. C. NBW YEARS: In every year, the Father shall have custody of the Child from New Years Ewe at 5:00 p.m. until New Years Day at 7:00 p.m. D. SASTER: In every year the,Mother shall have custody of the Child on Easter Sunday from 8:00 a.m. until 7:00 p.m. E. MH~IORIAi, nAy/JUI,y 4th/LAHCR DP,y: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody of the Child on July 4th. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody of the Child on July 4th. The period of custody on Memorial Day and Labor Day shall run from 9:00 a.m. until 7:00 p.m. and the period of custody on July 4th shall run from 9:00 a.m. until after the fireworks. F. MOl'Sffit'S pA]C/FATBffit'S DiAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. rntil 7:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule under provision 4, the special schedule under provision 5 and the extended custody schedule under provision 6. 8. In the event the Mother requires care for the Child for a period of 5 hours or mire during her periods of custody, the Mother shall make a reasonable effort to provide the Father with an opportunity to provide the care before crontacting third party caregivers. 9. The Mother shall ensure that the Child makes a reasonable effort to contact the Father after school by telephone 2 times per week. This provision shall not be cited as the sole basis for a contempt allegation by the Father. 10. Unless provided otherwise in this Order, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 11. Each party shall ensure that the Child is wearing a seat belt at all times while being transported during his or her periods of custody. 12. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. 13. The parties shall engage in a course of mediation for the purpose of establishing a forum for the parties to address issues concerning the Child and resolve disputes on an ongoing basis. Each party shall contact Tressler Lutheran Services within 10 days of the date of this Order to schedule the first session with the mediator. one parties shall follow the recommendations of the mediator with respect to the frequency and duration of the mediation. 14. The parties agree to submit a joint letter, through wunsel, to Stanley Schneider, PhD. to obtain a recommendation as to whether further evaluation of the custody arrangements is advisable at this time. 15. The parties agree that jurisdiction of the custody issues shall remain in Cwnberland County. 16. 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 ~URT~ ~"'~JE COPY FROM RECG~RD ~~. '-s+,mony whereof, I horn u~,to set my hand an~i ine seal of sai Court at Carlisle, Pa. This ......I..~.... y f...~~..., Q...~. Pr thonotary J esley Oler, J ., cc: Marcus A. McKnight, III, Esquire -Counsel for Mother Jacqueline M. Verney, Esquire -Counsel for Father ~. ~. ~~ 9 ~, Kyle's summer schedule June 25-July ls` Boy Scout Camp at Hidden Valley July 9-15 Vacation with me July 24-28 Staff member for Cub Scout day camp (evenings 6pm-9pm) August 6-12 Mission Trip to North Carolina with church (I will have more Information June 25 but they usually leave Carlisle very early And arrive back home very late) August 13 Boy Scout picnic and pool party (afternoon only) August 21-27 I would like to take at least part of this week as vacation time as Kyle would like to spend some days at home prior to returning to school 8/28 and I only have one week vacation scheduled at this time. You asked who would be the responsible parent at Kyle's scout camp and the NC mission trip. At Boy Scout Camp the staff of Hidden Valley is responsible for the scouts. Pazents (except troop leaders) do not typically spend the week at camp. North Carolina. trip -since Kyle is not in middle school yet I need to go along on the trip but John Bovard, Youth Duector, is responsible for the trip. Exhibit "B" VERIFICATION I, Jeffrey, Rosen, hereby verify that the statements made in the foregoing Petition aze true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. June"~d, 2006 I .Y.K..~,.. ~e~o.~. Je os n 1 ~Q ~_, ~ ,~ ,~., T l ~ ~ ..7 ~ $ _~ t~, L i .'r r~ r ..~ t` DIANE LOUISE ROSEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY ROSEN DF,FENDANT • 97-1326 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NC)W, Wednesday, July O5, 2006 ,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 Thursday, July 27, 2006 at 10:30 AM for aPre-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: ls/ Dawn S. Sunday, Esg. :lV~ 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 YOUK ATTORNEY AT ONCE. IF YOU UO 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 ~ ~oSG ~~ ~~~~` ~~ ,,~ .~, t~ taz ~.o :~~~ s ~ ~... ,~ . -.3~ }. r~= ~. ~,-~-M ~,-~~,,,:,, ..,~,~,~"C6y~ ,.~~ ~ . (, DIANE LOUISE (ROSEN) TOKACH Plaintiff vs. JEFFREY ROSEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1326 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of ,~ t~a~ 2006, upon consideration of the attached Custody Conciliation Report, it- is~rdered and directed as follows: 1. The prior Orders of this Court dated January 16, 2001 and July 8, 2002 shall continue in effect as modified by this Order. 2. The parties shall resume mediation with Deborah Salem, or other professional selected by agreement, in an effort to resolve conflicts arising with the custodial arrangements on an as needed basis. The parties shall equally share the costs of mediation. The parties shall follow the procedures established by the mediator for submission of issues subject to mediation. 3. The Father shall have a period of vacation custody pursuant to pazagraph 6 of the January 16, 2001 Order from July 28 through August 4, 2006 at 7:00 p.m. and from August 14 at 9:00 a.m, through August 26, 2006 at 7:00 p.m. 4. The parties shall communicate directly with each other concerning any proposed changes to the custody schedule, rather than communicating through the Child or otherwise placing the Child in the middle of schedule negotiations. 5. By the 15`h day of each month, each pazent shall submit to the other parent a schedule of the Child's activities or proposed pazental plans for the Child for the following month to enable the parties to identify and resolve potential conflicts in advance. 6. All notices required under this Order or prior Orders of this Court shall be in writing. 7. The Mother shall complete a course of parenting classes compazable to the program completed previously by the Father. ~r~arus~n~d oa ~6 titl 8- 9tlY 90DZ hHtll ~~ 3. ~o 8. The parties shall shaze having custody of the Child over the Christmas holiday every year as follows: The Mother shall have custody from Christmas Eve at 12:00 noon until Christmas Day at 2:00 p.m., the Father shall have custody from Christmas Day at 2:00 p.m. until December 29u at 4:00 a.m., and the Mother shall have custody from December 29`" at 9:00 a.m. until January 1. 9. Paragraph 8 of the January 16, 2001 Order is vacated. 10. Paragraph 9 of the January 16, 2001 Order requiring telephone contact shall apply only to weeks when the Father does not have a period of partial custody. 11. 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 tenns of this Order shall control. cc: et B: Foster, Esquire -Counsel for Father us A. McKnight III, Esquire -Counsel for Mother ~~ 1~ A ~b BY THE COURT, DIANE LOUISE (ROSEN) TOKACH Plaintiff vs. JEFFREY ROSEN Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1326 CIVIL ACTION LAW 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Custody Conciliation Conference was held on July 31, 2006, with the following individuals in attendance: The Mother, Diane Tokach, formerly Rosen, with her counsel, Marcus A. McKnight III, Esquire, and the Father, Jeffrey Rosen, with his counsel, Peter Foster, Esquire. 3. The parties agreed to entry of an Order in the form as attached which resolves both the Mother's Petition for Modification and the Father's Petition for Contempt. J ~ , c~Ztcl~ Date ~ Dawn S. Sunday, Esquire Custody Conciliator DIANE LOUISE ROSEN, (TOKACH) Plaintiff/Respondent v. JEFFREY ROSEN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.97-1326 CIVIL TERM 1N CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 1St day of May, 2007, comes Petitioner Jeffrey Rosen, by his attorney, Peter B. Foster, Esquire, and represents the following in his Petition for Civil Contempt: 1. Petitioner is Jeffrey Rosen, who resides at Presbyterian Apartments, 322 North Second Street, Harrisburg, Dauphin County, PA 17101. 2. Respondent is Diane Louise Rosen Tokach, who resides at 2 Barberry Road, Etters, York County, PA 17319. 3. The Petitioner and Respondent are the parents of Kyle R. Rosen, born January 2, 1995. 4. A Custody Order dated August 7, 2006, is presently in effect. A true and correct copy of said Order is attached as Exhibit "A." COUNTI CONTEMPT 5. Petitioner incorporates by reference Paragraphs 1-4 of this Petition as if said averments were fully set forth at length herein. 6. Respondent has willfully failed to abide by said Order in that: a) Respondent induced the minor child, Kyle R. Rosen, not to engage in visitation with Petitioner on the weekend of Apri127, 28 and 29, 2007, which was Petitioner's scheduled visitation period. b) Respondent has induced the minor child not to make telephone contact with Petitioner, which is Petitioner's right as a parent. c) Respondent is attempting to alienate said minor child from Petitioner. d) Petitioner believes, and therefore, avers that Respondent has failed to attend and complete parenting classes, as required under the custody order of August 7, 2006. (Exhibit «A,~ 7. Said actions by Respondent have had an adverse influence on the minor child. WHEREFORE, for all the foregoing reasons, Petitioner requests that Respondent be held in contempt of court. COUNT II SANCTIONS 8. Petitioner incorporates by reference Paragraphs 1-7 of this Petition as if said averments were fully set forth at length herein. 9. Because of Respondent's vexatious and obdurate conduct over the past six years in intentionally denying Petitioner partial custody and visitation with said child in violation of various custody orders governing the Parties' custody of said child, Petitioner has been required to file four prior petitions for mediation with the Court. 10. In the instant case, the facts clearly show that Respondent, again, has intentionally deprived Petitioner of partial custody with his son in violation of an existing custody order. 11. Said vexatious and obdurate conduct by Respondent has caused Petitioner to litigate custody issues with Respondent which are meritless from Respondent's standpoint and which have caused Petitioner to incur substantial, unnecessary attorney's fees. 12. Said vexatious and obdurate conduct by Respondent justifies sanctions against Respondent of an award of attorney's fees against Respondent in favor of Petitioner in this action. WHEREFORE, for all the foregoing reasons, Petitioner Jeffrey Rosen requests this Honorable Court to enter a judgment against Respondent Diane Louise Tokach for his attorney's fees incurred in this action. COUNT III CUSTODY 13. Petitioner incorporates by reference Paragraphs 1-12 of this Petition as if said averments were fully set forth at length herein. 14. Said actions by Respondent have been harmful to said minor child, are not in the best interests of said child and have badly hurt the relationship between said child and his father (the Petitioner}. 15. Said harmful actions by Respondent justifies Petitioner being awarded primary physical and legal custody of said minor child. WHEREFORE, for all the foregoing reasons, Petitioner Jeffrey Rosen requests this Honorable Court to grant him primary physical and legal custody of the minor child, Kyle R. Rosen. Respectfully submitted, May 1, 2007 \"wef ~ {. Peter B. Foster, Esquire Attorney for Petitioner PINSKE~ & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 I.D. # 15357 DIANE LOUISE (ROSEN) TOKACH Plaintiff vs. JEFFREY ROSEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANLA 97-1326 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT r AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report, it ' ordered and directed as follows: The prior Orders of this Court dated January 16, 2001 and.July 8, 2002 shall continue in effect as modified by this Order. 2. The parties shall resume mediation with Deborah Salem, or other professional selected by agreement, in an effort to resolve conflicts arising with the custodial arrangements on an as needed basis. The parties shall equally share the costs of mediation. The parties shall follow the procedures established by the mediator for submission of issues subject to mediation. 3. The Father shall have a period of vacation custody pursuant to paragraph 6 of the 3anuary 16, 2001 Order from July 28 through August 4, 2006 at 7:00 p.m. and from August 14 at 9:00 a.m. through August 26, 2006 at 7:00 p.m. 4. The parties shall communicate directly with each other concerning any proposed changes to the custody schedule, rather than communicating through the Child or otherwise placing the Child in the middle of schedule negotiations. 5. By the 15`h day of each month, each parent shall submit to the other parent a schedule of the Child's activities or proposed parental plans for the Child for the following month to enable the parties to identify and resolve potential conflicts in advance. 6. All notices required under this Order or prior Orders of this Court shall be in writing. 7. The Mother shall complete a course of parenting classes comparable to the program completed previously by the Father. ~~ Exhibit "A" 8. The parties shall share having custody of the Child over the Christmas holiday every year as follows: The Mother shall have custody from Christmas Eve at 12:00 noon until Christmas Day at 2:00 p.m., the Father shall have custody from Christmas Day at 2:00 p.m. until December 29`h at 9:00 a.m., and the Mother shall have custody from December 29`h at 9:00 a.m. until January 1. 9. Paragraph 8 of the January 16, 2001 Order is vacated. 10. Paragraph 9 of the January 16, 2001 Order requiring telephone contact shall apply only to weeks when the Father does not have a period of partial custody. 11. ,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, J. cc: Peter B. Foster, Esquire -Counsel far Father Marcus A. McKnight III, Esquire -Counsel for Mother TRUE CHOP''!' FROAA RECORD !n Testimony whereof, 4 he+-e unto set my hand a //e~~seQQal of ;.~~icf ourt ariisle, Pe. j~ f T .4.J...Q...., du, ~~~ .:. '6ZS~ DIANE LOUISE (ROSEN) TOKACH Plaintiff vs. JEFFREY ROSEN Defendant Prior Judge: J. Wesley Oler, Jr. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1326 CIVIL ACTION LAW 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle R. Rosen January 2, 1995 Mother 2. A Custody Conciliation Conference was held on July 31, 2006, with the following individuals in attendance: The Mother, Diane Tokach, formerly Rosen, with her counsel, Marcus A. McKnight III, Esquire, and the Father, Jeffrey Rosen, with his counsel, Peter Foster, Esquire. 3. The parties agreed to entry of an Order in the form as attached which resolves both the Mother's Petition for Modification and the Father's Petition for Contempt. ~~ f ~~~~~ Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I, Jeffrey, Rosen, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. May 1, 2007 Je a os CERTIFICATE OF SERVICE I hereby certify that on this date, May 1, 2007, I served a copy of the foregoing Petition for Civil Contempt for Disobedience of Custody Order on the Respondent by mailing said copy by first class mail at Harrisburg, PA to the Respondent at the following address: Diane Louise Tokach 2 Bazberry Road Etters, PA 17319 May 1, 2007 ~~ Peter B. Foster, Esquire Attorney for Petitioner ~ ~ ~bo. ~ ~ O 4 b ~ ~ '~ ~' °e/ «~ _~ ; _-~ _~. , _«~- -~ ~~ Y _: , = ~ . ~'~ , v` DIANE LOUISE ROSEN (TOKACH) IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 97-1326 CIVIL ACTION LAW JEFFREY ROSEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 09, 2007 ,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 _ Thursday, June 07, 2007 at 10:30 AM for aPre-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, Bv: /s! Dawn S. Sunda Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _ 6 i~~ ~ ,a~ ''~`'~ ~ ~-~' ~uN i r zom~,1 DIANE LOUISE ROSEN (TOKACH) IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1326 CIVIL ACTION LAW JEFFREY ROSEN Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ~ n ~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements for family counseling with Deborah Salem, or other professional selected by agreement, to address issues which have arisen with regard to the relationship between the Father and the Child and to improve communication. All costs of counseling shall be shared equally between the parties. 2. Paragraph 9 of the January 16, 2001 Order and paragraph 10 of the August 7, 2006 Order requiring telephone contact shall be modified to provide for one telephone call to the Father during weeks preceding the Father's regular weekend periods of custody and two telephone calls during weeks following the Father's weekend periods of custody. 3. The Father shall resume submission of monthly schedules to the Mother pursuant to paragraph 5 of the August 7, 2006 Order. cc: ,P'eter B. Foster, Esquire -Counsel for Father ~IVlarcus A. McKnight, III, Esquire -Counsel for Mother BY THE COURT, r~- ~- y. ~.._ r ~ ~ -~~ - _ u.. . ~-~ C % ~ ;__ 't-^} k~l C.1- e L ;~ i ~ ~ 1"" ~"" '~ ~ ~ C~ c -i DIANE LOUISE ROSEN (TOKACH) Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1326 CIVIL ACTION LAW JEFFREY ROSEN Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 Kyle R. Rosen January 2, 1995 Mother 2. A custody conciliation conference was held on June 6, 2007 with the following individuals in attendance: the Mother, Diane Louise Tokach, formerly Rosen, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Jeffrey Rosen, with his counsel, Peter B. Foster, Esquire. 3. The parties agreed to entry of an Order in the form as attached resolving the Father's Petition for Contempt and Modification. Date Dawn S. Sunday, Esquire Custody Conciliator