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HomeMy WebLinkAbout00-05694 ."C--" ^ l""l: ~~ ~ , . ~......;O:;~, ~ 1~;-.: 1. ..-'.. AUG 1 3 2002 V ROBERT F, CURRAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. DEBRA LEE F/KlA DEBRA BARKER, Defendant HESS, J. --- ORDER OF COURT AND NOW, this J 'f ~ day of August, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal, Custody. The parties, Robert F. Curran and Debra Lee, shall have shared legal custo8y of the minor child, Sarah Curran, born September 30, 1998. Each parents~all 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 decisi,ons regarding her health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. In the event that Father is not participating in the developmental therapy and educational programming arranged for this child through the Early Intervention Program, Mother shall have the authority to authorize services recommended as she shall deem appropriate. 2. Physical Custody. Mother shall have primary physical custody of the child subject to Father's rights of partial custody which shall be arranged as follows: A. Father shall have custody from August 5, 2002 through August 11, 2002 at 7:00 p.m. B. On alternating weekends from Friday at 10:00 a.m. until Sunday at 7:00 p.m., to commence August 23, 2002. 3. In the event the child is ill or hurt, the parent presently having custody will notify the other parent as promptly as is practical under the then existing circumstances. , ",','. ';"'.J""I_:;iIiMi5d~-j!i~.J,"~~,';"ki'"h~b!!!i~_~"~" -......- -" WNii1ASI\!N3d "" '1' '-'-'''n'' I I' lr.~,r, ,.",\. H'"'1''' J I\.IJ\ '\..J'~ ',-,' --- -,- -,. o t; :()I \4\J ~ \ :Jf1~ 20 :\0 Xd\fl('~~~;i~i~\(~~(}~'-l\j -,. ,a,'_" , "- ,-~ ~> " - U:"~~oi c............ -~ - ~,. m .,.. } --"-~- ,I, . . ..... NO. 00-5694 CIVIL TERM 4. In the event that one parent is not able to exercise their custodial rights for a period of three (3) days or more, they shall first offer to trade custodial periods with the other parent prior to arranging alternate childcare. 5. Father shall attend a seminar for separating families within thirty (30) days of the date of this Order. . 6. Mother shall arrange for transportation pursuant to the custodial exchanges. However, In the event that Mother's transportation arrangements fail, Father shall cooperate with a change in the planned return date or shall arrange alternate transportation. 7. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this 8. In the event that either party would want to relocate their residence in a way that would require a change in the physical custodial schedule or the delivery of educational or Early Intervention services in Harrisburg presently provided to the child through the Capital Area Intermediate Unit, that party must file a petition before the Court for a Plowman hearing. 9. This Order is temporary in nature. Upon proper petition filed with the Prothonotary, the matter may be referred back to the Custody Conciliator for an additional Conference. BY THE COURT: Dist: ~obert F. Curran, 305 Hummel Avenue, Lemoyne. PA 17043 fl ~ ;Cindy L. Koser, Esquire, 4810 Derry Street, Harrisburg, PA 17111 L Og-J~ -O.;l -~. , ~ ~ . .~ ,--- . )" lih-":, ROBERT F. CURRAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 CIVIL TERM v. CIVIL ACTION - LAW DEBRA LEE F/KJA DEBRA BARKER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Sarah Curran September 30, 1998 Mother and Father 2. A Custody Conciliation Conference was held on August 5, 2002 with the following individuals in attendance: the Father, Robert F. Curran, pro se; the Mother, Debra Lee, and her counsel, Cindy L. Koser, Esquire. The Conference was held pursuant to Mother's Petition to Modify and Petition for Contempt filed on June 21, 2002. 3. The parties a""''"tJq /DV Date reached an agreement to modify the Order in the form as Iissa Peel Greevy, Esquire Custody Conciliator :161434 '--"" -~ ~ t OCT 2 0 2DDObP ROBERT F. CURRAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 DEBRA BARKER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this Z 3 ~ day of OU-Oh-if , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert F. Curran, and Debra Barker (Lee), shall have shared legal custody of the minor Child, Sarah Michelle Curran, born September 30, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall continue the shared physical custody arrangement whereby the Child spends alternating weeks with each parent. Therefore, Father's week shall commence October 15,2000. The exchange days for custody shall be Sundays, at such time as the parties shall mutually agree. Holidays shall be shared in as equitable a manner as possible as the parties shall mutually agree. 3. In the event that the Child is ill or hurt, the parent presently having custody will notify the other parent as promptly is as practical under the then existing circumstances. 4. In the event that one parent is not able to exercise their custodial rights for a period of three days or more, they shall first offer to trade custodial periods with the other parent prior to arranging alternate childcare. 5. The parents shall attend the Seminar for Separating Parents which is being offered by Inner Works in Harrisburg. 6. Both parties shall participate in the completion of the evaluation and any recommemded follow-up for Sarah as indicated by the professional staff of the Infant Development Program. b_'.l. ~Jt-l,!';lfii!il~~.dM*~~iill~",hlM.'>lill~ifi!l!IiLI.'-. OF CJ[/,rw On (;["1' ~' , u Ll, -, ,." I"]' '-0 i-.~n '.' ~I.". CUt'li8EF;;:iJ;'.i!~.J :_~,:Ou;'.rrY ~r"I'I""'I\IA['I" n:'l\~ \)v.j ~",h.\.!h "~. ~ ^' ~_ C_",. ~ ,~ ,~__,~ '~P<",,",'~ _'-, ',~ ,'- ~;"?"~ .~- '"'""'- '00."'liK"~~ . ,,~ _.'<- .-~,~L;.;.o'"'''lI[lfr ,- ~ , ...." ~ ! ~ II ~ : l-~ -. - _,oj ,~ :.;{'" ., No. 00-5694 7. This Order is temporary in nature and may be modified by either party upon proper petition filed with the Court. BY THE COURT, Dist: Patrick O'Connor, Esquire > ('.AJI)n; Cindy Koser, Esquire -~r- J. /0- ;z 't. ov '-f'-- ... ..'-' ,~~"~ ~.J"'"-'i . / ROBERT F. CURRAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 DEBRA BARKER, Defendant CIVIL ACTION - LAW 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 Sarah Michelle Curran September 30, 1998 Mother and Father 2. A Conciliation Conference was held on October 4, 2000, with the following individuals in attendance: Robert F. Curran, the Father, and his counsel, Patrick G. O'Connor, Esquire; the Mother, Debra Barker (Lee), and her counsel, Cindy L. Koser, Esquire. 3. The parties reached an agreement in the form of an Order as attached. /6 ht17~ Date (Me~~ Custody Conciliator ~ ~. ,-,~ -, nliii ,. ,< ,. ROBERT F. CURRAN PLAINTIFF V. DEBRA BARKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA \ 00-5694 CIVIL ACTION L~ IN CUSTODY ORDER OF COURT AND NOW, this 23rd day of AU2ust ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Snite 105, Camp Hill, FA 17011 on the 20th day of September, 2000, at 11:00 a.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 defme 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: Isl Melis Greev Es \ Custody Conciliator r~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '\ il I " i 'I I " ~! Ii 'I I ~ ~~~.,.,~~ ~ , - - "--~ (TF~iL f~::P~~?r!)T,I\,g"y 0,,- "ill' ~8 P' U HU1.::i (~r r1 3: 10 ('Gi!'/Ie":,'" ,', ,"" "" -' "~!,ui::'-\i_.fJ/'iU Ij,JLJNTY PtNi-.;SYLVANlA /lL. ~ - /I, J ~ _#-- CJ' /...... 'fdlt' -a:J lffi, ''''T / ~ {R &<</fj ~ ~ ~'6B ~ ~ ~ ?';II-' f'-c21j-OtJ ~ ~ -zi; df ~ ,< l'W'lT... tIllI',~~ _ _~ -r--. -""L.,._ ~~='-fflf"t"l'!;;,f'""-,-,",,~r_p"'T~~)f'_~,,,"I~!l'ff'~m-WRc~!Im, dI mllllll/!lll~ -~""""" "-" v_ ...-~ ~~ -~. ~-,~ ROBERT F. CURRAN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DEBRA BARKER, Respondent NO. 00- Sf. 9'1 c,~~l~~ ORDER OF COURT AND NOW, this day of . 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , Pennsylvania, on the_day of ,2000, at o'clock ,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, Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By Custody Conciliator YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TKlI;, 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 . _.~- ~,.. '"WM~_' , . ROBERT F. CURRAN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DEBRA BARKER, Respondent CML ACTION - LAW NO. iHJ-5t-9'1e;.;.J I~ CUSTODY PETITION AND NOW, Petitioner, Robert F. Curran, by and through his attorney, G. Patrick O'Connor, Esquire, files a Petition For Custody of which the following is a statement: 1. Peititioner is Robert F. Curran, who currently resides at 305 Hummel Avenue, Apartment 301, Lemoyne, Cumberland County, PA 17043. 2. Respondent is Debra Barker, who currently resides at 418 Erie Avenue, Dauphin, Dauphin County, PA 17018, 3. Plaintiff seeks custody of the following child! children: Name Present Address Date of Birth Sarah Michelle Barker 418 Erie Avenue Dauphin, PA 17018 September 30, 1998 4, The child was born out of wedlock. 5, The child is presently in the custody of the Mother who currently resides at 418 Erie Avenue, Dauphin, Dauphin County, Pennsylvania. 6. During the past five (5) years, the child resided with the following persons at the following addresses: ~~-~ . ~~ ~ ~'-.~iI- """'~" Persons Address Date Robert F. Curran Debra Barker Drvie Lee 115 Charlotte Way Enola, PA 17025 Birth to June 1999 Debra Barker Drvie Lee 418 Erie Avenue Dauphin, PA 17018 June 1999 to present 7. The Mother of the child is Debra Barker, whose current address is 418 Erie Avenue, Dauphin, Dauphin County, PA 17018. 8. The Father of the child is Robert F. Curran, who currently resides at 305 Hummel Avenue, Apartment 301, Lemoyne, Cumberland County, PA 17043. 9. The parties were never married. 10. The relationship of Petitioner to the child is that of Father. Petitioner currently lives with the following person: Person Relationship to Father Sarah Michelle Barker Daughter 11. The relationship of Respondent to the child is that of Mother, Respondent currently resides with the following persons: Person Relationship to Mother Drvie Lee Sarah Michelle Barker Boyfriend Daughter 12, Petitioner and Respondent have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, i<"'-'~ .- ~, "&-., - .......: ~N~ ~ ~_M~- 13. Petitioner and Respondent have no information of a custody proceeding concerning the child pending in a court of this Commonwealth, 14. Petitioner and Respondent do not know of a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 15. Petitioner desires to have joint legal custody and primary physical custody of the child. 16. The best interests and permanent welfare of the child will be served by granting the relief requested. 17. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting joint legal custody and primary physical custody to Petitioner, Respectfully submitted: By: G atrick O'Connor, Esquire 3105 Old Gettysburg Road Harrisburg, PA 17011 717-737-7760 Attorney LD, #64720 ATTORNEY FOR PETITIONER DATE: ?/t<J/,;; , ,~""~- .. "lE~_~ -~'~- VERIFICATION I, ROBERT F. CURRAN, verifY that the statements set forth in the foregoing CUSTODY PETITION are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. ~~ Robert F. Curran, Petitioner Date: €/9/oo --"'-'- . -- . ' CERTIFICATE OF SERVICE I hereby certifY that I have, this day, served the herein Custody Petition to the party indicated below by depositing same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania: Debra Barker 418 Erie Avenue Dauphin, PA 17018 DATE: ,? /I~ / ~ . . Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner - --.,- "!~.il'tc' <~ ~ 11 ~~'"',. ROBERT F. CURRAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 00-5694 CIVIL ACTION LAW DEBRA LEE FIKIA DEBRA BARKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 27, 2002 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Monday, August 05, 2002 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from A~e o~ers,\~ Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hea.!jlffl. 2: . .In r'-l(~: ;;.i'~ ;-, 1'0.:.::: FOR THE COURT, ~), '" --'1" ,. n T... t)) ,"",'-'., '=-({'. ~~ '~:'~.. ~ J r-C"J ~.,-:; ~:'=-B ~~ ;--.1 ::::1: .' C) ~~(_I i~j~ ;;: C ~ .~-{ ~ ~ -< .~ By: /s/ Melissa P. Greevy. Esqr)r/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r =" ~ i [i Ii II Ii II 'I Ii 'J I Ii [i ,] Ij 1'1 __Hi~i'-~___ , ~. , ~ , t dg 0;) ~ 'CJf' 0,) j,-;2C -oJ '--"- - "~ ,~," , ' , ,,'. "'", ". ,",,^','"' ~',. '0 "'~" .. ~ . ~-~ ~ ~-, " -,,-~,-,,-< Hi,.Ff}{)f=FiCE 0;:: -'f-':: ,-F+LJfARY 02 JUiA 28 Ph 2: 14 CUM8::l\l.A!iD COUNTY PENNSYLWINIA w-~~z4~ 714:e ~ ~~ ~~~ a:lf~ . ~~.Q~l!.~"",~".,"m'~~_MIl!__, _!:ll ."lj1l!l, ~~~Hrr*i-~")i~'i'S";TI""1';';::i!':'PllijRi"m'1'l~!"~1jf~4~,,_, '" ',,,,,,,,,,," .,~..... .. -""""'"","" ROBERT F. CURRAN, Plaintiff/Respondent v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5694 DEBRA LEE, Fka DEBRA BARKER, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on the day of ,2002, at o'clock _.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. At the request of any party, all children age five or older shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: Date By Custody Conciliator 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 At 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, Pennsylvania 17013 (717) 249-3166 "._~ < ' " ~, .~ -~~- ROBERT F. CURRAN, Plaintiff/Respondent v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-569'1 CIVIL ACTION - LAW IN CUSTODY DEBRA LEE, Fka DEBRA BARKER, Defendant/Petitioner PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Debra Lee, formerly known as Debra Barker, by and through her attorney, Cindy L. Koser, Esquire, seeking a finding of contempt against Respondent and modification of the existing custody order, and in support thereof, respectfully represents the following: 1. The Petitioner is Debra Lee, who resides at 418 Erie St., Dauphin, Dauphin County, PA, and whose mailing address is P.O. Box27,Dauphin,PA 17018. 2. The Respondent is Robert F. Curran, who resides at 305 Hummel Ave., Lemoyne, Cumberland County, PA 17043. 3. The parties are the natural parents of Sarah Curran, born September 30, 1998. 4. On October 23, 2000, following a custody conciliation, an Order of Court was entered providing for custody on an alternating week basis. A true and correct copy of the order is attached hereto. " .~ - . 5. Paragraph #5 of the current order provides that the parties should attend the Seminar for Separating Parents. It is unknown whether the Respondent has completed the Seminar. A copy of Petitioner's certificate of completion is attached. 6. Paragraph #6 of the current order provides that both parties shall participate in an evaluation and any recommended follow-up indicated for Sarah through the Infant Development Program. 7. Respondent has not participated in Sarah's developmental therapy since August 24, 2001. 8. Respondent did not attend recent meetings and evaluations with the Infant Development Program; specifically he did not participate in reviewing Sarah's progress during the first year of her therapy or in planning for the following year. 9. Because of the shared legal custody and Respondent's failure to participate, Sarah's therapy has been suspended since February 15, 2002. 10. When the Capital Area Intermediate Unit provides transportation for services, as it will for Sarah, transportation must be to and from the same address each time, which will result in Sarah's therapy being provided only on alternating weeks when she is with Petitioner. 11. Communication with Respondent for the purpose of discussing matters relating to custody is difficult at best, largely because, to the best of Petitioner's knowledge, Respondent has been without a telephone for more than a year. 12. Because Respondent has no telephone, Petitioner is unable to communicate with Sarah when she is with Respondent. 13. The terms of both the Legal Custody and Physical Custody provisions of the current order have had a negative impact on Sarah's well being. 2 ~lI. ~- " .'"~-.! WHEREFORE, Petitioner respectfully requests that this Honorable Court find Respondent in contempt of court and modify the existing custody order to grant her primary legal and physical custody of the minor child. RESPECTFULLY SUBMITTED: [Iz! /01.- Date I Cindy L Attorne I No. 75899 4810 Derry Street Harrisburg, PA 17111 PHONE (717) 564-1084 FAX (717) 564-5158 3 " ~,=~ " " ~ -- , ....~ .' '~~, VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~~ Date ikhj)o{l-~ Debra Lee, Petitioner 4 '," ~L-L'" . j;l);=j -.( ~, ' ~~ /0/40 . ~CT 2 0 200ab9 ROBERT F. CURRAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 DEBRA BARKER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ;), 3M'\ day of (Ja;.L , 2000, upon consideration of the attached Custody Conciliation Surnmary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert F. Curran, and Debra Barker (Lee), shall have shared legal custody of the minor Child, Sarah Michelle Curran, born September 30, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited tO,all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information; that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent 2. Physical Custody. The parties shall continue the shared physical custody arrangement whereby the Child spends alternating weeks with each parent Therefore, Father's week shall commence October 15,2000. The exchange days for custody shall be Sundays, at such time as the parties shall mutually agree. Holidays shall be shared in as equitable a manner as possible as the parties shall mutually agree. 3, In the event that the Child is ill or hurt, the parent presently having custody will notify the other parent as promptly is as practical under the then existing circumstances. 4. In the event that one parent is not able to exercise their custodial rights for a period of three days or more, they shall first offer to trade custodial periods with the other parent prior to arranging alternate childcare. 5. The parents shall attend the Seminar for Separating Parents which is being offered by Inner Works in Harrisburg, 6.. Both parties shall participate in the completion of the evaluation and any recommended follow-up for Sarah as indicated by the professional staff of the Infant Development Program. ,;J'-~' -~, . ,- " -"' ~' < " ,- ~1;' .", r " No. 00-5694 7. This Order is temporary in nature and may be modified by either party upon proper petition filed with the Court. BY THE COURT, hi i~o-l':" D Ma.<J J. ( / Dist: Patrick O'Connor, Esquire Cindy Koser, Esquire rmJE GOPV r.~~n"'~ qt-rO~D .... .<< t ........ij'~i- f"'~ ,~.__'- ~. In T;;rtimon)' w!''';''':,:!, I i!<)fij ,mto Z\5! my h.md and th8 s~ of ~~d G;;~rt ~t C;:~r~;sk~i P>-J.. This ~ ~y if~; -. .2-:0 1'1 '''i ~ Prothonotarf '.. .-'"'-;- oJ' """. . ROBERT F. CURRAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 DEBRA BARKER, Defendant CIVIL ACTION - LAW 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 Sarah Michelle Curran September 30, 1998 Mother and Father 2. A Conciliation Conference was held on October 4, 2000, with the following individuals in attendance: Robert F. Curran, the Father, and his counsel, Patrick G. O'Connor, Esquire; the Mother, Debra Barker (Lee), and her counsel, Cindy L. Koser, Esquire. 3. The parties reached an agreement in the form of an Order as attached. /6 h f!7 (}VtJ Date G "'- Melissa el Greevy, Esquire Custody Conciliator ,,,,,' "" '''nC-'_'''''_'''::;,,:::~~:,,:,';',-_ ,-,-,:__.-"_,,,;,.,,,<,,-,,~ -.-. ..","~"~""",,,-~--'-_....,,---,', ..;~' ~.'...J~M ,~' 1" r" ~ iilM!i~~ Jil~IlI'~,w\'~!?iI'~lllfi:!l~f'''~ . , ~~~- '1llliiiiIIiii~- o ~,_~ li'-~~ ~"~ .....~ 0 C) C' C f'~) ---tl t ~ ~ ~~ (- -Ul)~ c:: --,~ mn: Jf Z::C ~'~,:. f"-J ':.",:1 ,~ <><') )., <:::i '~:J(~) (~ kC" -:, _L-''':'.: ('\ ... ~c; .~_w ~:~~)~ lJ\ 5>0 .,... (s-, C N ;:4 "" 2 w .P- -; :lJ ~ -<, (,,) -< ..~~w~_ ~ _ ~ ~, r > tI ~. ~~ >~ - - iliiiiiioli" L - DEBRA iFF dK/4 j)rf5RA 8ARJa'R..______ i lcJ213 CIIARlr~ 0/MV ~1J-4/) LI!>T ::(1 f!.AN~{JN /.1/1/ 259'3& (3tJi.f) 7:25-$'193 !CotlRT OF COmmaN A~A 5 (UI??BE'€IAIVD (30WN7Y. fA iVOmF>IIt': /(ELA nON'; 5"Ec.TlaN i1 CoUR ,/-IOU,;;:: >,o1-(4PF JtllRtlP F. 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C.U &.11-10 5lfAR.€'<; rlJSiI)P/AL- R..;;;'L,PCNS JBIL ITY FOR- 5AR/414-___; !i';,. ~ ~\~ - .. ~'"'--~. "' /""", ~. 1".511</;'1':7 /!-PT ~ IIAtJ~"IV P-4 17/)3::2. I I OM AIA{i-IH'f 7, 200lf; r !?7/YI/EP I /FR11m: 4/~ EelI': >7 :2ND FL I 1)AUPIIIAI PA 11LJ/~ I h17) 9:l.1-)1,(')t;'Q - To: lfJJ/~ CHARIF.s70I.t/NRnLI'JT'Jf f(~ltIso^, .0'1/ 25q~g (30,/) 7 J,1> - Wl1 ':? , I J RF/OCATED FaR r/-lE F/?/.tLJu,//A/6.- R.EA56?A/r t::~;::r~:ZE:::~~~~~~~;tNq . I ---olIJND <;'T-J1L4Hj /bA,,- 8EC0n1IJJC- i?'ORF (//0/ "cN, ~)J~ ~ . ... l~r/IEV&DI-I15 5t1ARF OF THE .J>ISc...JP; IN.&' //./AS 8~"'/Jm/Al6- ! " I ".5/JRAN IN TNF -:fFFF,/;"Je5LJA! tAUNTY ;:>;,B/I( 5c.././/.Jo/ , l-tw7&m A, my PRF~FNT A[)pI<F~~ <)IF U//.JU/'1) -4TTFA(L> . .5 /IT a 7AkF <ARAN P/'J/;> T'1.fE ~ IN U/V DURIN6- iTfIAN TAkIM(,. I-IFR ~A{'K If) p)j, {i,Y.~;.~r,~ - - - _ ""_~.J}\~1~:,,,'"'~'iW: i ,,--~ ~ '.<1._~~.-~ I , '! ,-~-= - -, r '\-. i PLpj!)<;;::- 5~Nj) tvR ITTFN IVO nC-E /JF ANY . l(fimdlEAlT<:; OR /;;L/t--~TlOAl> INVLJI VINe- TJ./I,> , jPFTI nON TO mY~;&II= AND: r -DURi' /:7i=' I'/Jmm/>,M f'l F-os /?P ("/../,".!3,&:'/:>1 AN,., CC>UIVTY DOdlF<;7'I( RF-I-?7M}"H 5PL.TI/.JAI 1 C.O/Ak'TI-/[)USF- '::&IAARF C-ARllqp PA /7()j:;S -, '.5~AN';::-R,t::1 Y, ~'---~;;;;z;,-- J~j;-~L_==== , Pd:>l'a ~~___. o ~-; I OJ '. WllI """",'""",,,, lJ:~~~~~ "H~ ~'. ~" .... - c VERIFICATION T, PEBPA I E/0 AF TFIC m4KINIJ- AN OATil t?? AFPJJ2mA-rJ/JA/ Tn rFi/~...fI~ TtCL/r~ -S:4Y TJ.lAT iTIIF FAf.r~ r .L(Al/F _sTATJ=1J TN !/..II~ NOTJf''-=- AI?F ,RUF /JF my PFR'5t::J/V,AI /CNOWLhD6-E; AND JF r HAVE -SFT FORTH mA TT F~<; L.( />tJ/V IAJFoRI:J1.AIJ/)N G-It/FN TO mF fJY tJ7H~R~ T /?~! IFJ/F rHAT JNF/JR.h1Arlt?N Tn 8E TRUF. t/;h JY"tJ ___ !1/2C;/C;q :iI"5n:~re D~ .STf'\\C. e~ W<<:>.-\ \J:r-:j\. .:"", Cnu.n-\':j 0\ :S..\'~,,,,e,-. . TH8 V/':/(IFJrATJt?!I/ WA~ ~Lu(7PN TO /JR, AFPJi?mED ,f?FFORF mF- ON THE ~q'l-L PAY.. of NDve.YY\.Io'€.r -0 ?004. ~~",=K ~4J0c~ , n..rtv'j P.J,/ic.. I my C/)mmEslbN F-XPJRB \), ""r LA " ....~IB, d-Dl~ ~'"....,........................,................................,....\.........\.-.;. ~\."....",-..........., ~~"'~~~~';;;"". OFFIC1AlSEAl ~ ~ ;;; %. \ STATE OF WEST VIRGINIA . [~ ~ i CLARA K CARROLL ,.. .. M . ~~.. .. ; 111 e. Washington St. .....,,~':"'O ....".'~ Charles Town, WV 25414 ',,~~,..'. 1 12 , ~,...............................................................................,...................,....,...................."........,....",\ i -"I r; 'DEBRA I FE, JrJA:ItE'D,,<f PErITM4--F..cl1L.11 jPI../!)i///?1AA/ J./EI9~/N6- BY FII87 /'/A~5 (../A/)T~D ;;TA~s ImAll, P/J5TAIJ-E :PAID) To ROBERT (/LledUW, A::L.J'JLE__. 111l>J)RE~~ I'JF 32.c; mARKET 'f>-rREET /j.oT 5; JlA/lFAY. IPA /71J32 fJA! TJ.lF ~q,!/l DAY DF tzo,,/&.mh.pr . J . . J..fj /I bOD4 3tH It:-- I .f~ ! tJ~.fr7?' /nIl ..- 5i'3"..fr~ /: ?~~(f:,:- 4JL .. f v""",- --~~ ----~! i . -.---' 'A'8:",. ~ ---"'f - -,'," -,. ,,-, ~'" ,c _;._ _ '0' ~ " - I " . /~ / ill I" 'i " '1,'1'1"\;./ oM.""'f,) -1 u'" ,1- t'lJ.~ \oJ ROBERT F. CURRAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v, DEBRA LEE F/KJA DEBRA BARKER , Defendant HESS, J. -- AND NOyV,this rqt-\')da~QfAugust,2002. upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leg:i\1 Custody. The parties, Robert F. Curran and Debra Lee, shall have shared legal custody of the minor child, Sarah Curran, bom September 30, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergenpydecisions affecting the child's general well-being Jnclydlng, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or ,school records, the residence .address of the, child and of the other parent To the extent one parent has pcjssession of any such records or information, that parent shall' be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent In the event that Father is not participating in the developmental therapy and educational programming arranged for this child through the Early Intervention Program, Mother shall have the authority to authorize services recommended as she shall deem appropriate. 2. Physical CustOdy. Mother shalf have primary physical custody of the child subject to Father's rights of partial custody which shall be arranged as follows: A. Father shall have custody from August 5, 2002. through August 11, 2002 at 7:00 p.m, F ! t f f I I B. On alternating weekends from Friday at 10:00 a.m. until Sunday at 7:00 p.m., to commence August 23, 2002. 3. In the event the child is ill or hurt, the parent presently having custody will notify the other parent as promptly as is practical under the then existing circumstances, ~ ~. >,j'.o.' . , ~,'" -'k_'_" '''JC'j,~",~~,! ,. ;__ , . .'w -~ . ,t;.r l'>i:.~, , NO. 00-5694 CIVIL TERM 4. In the event that one parent is not able to exercise their custodial rights for a period of three (3) days or more, they shall first offer to trade custodial periods with the other parent prior to arranging alternate childcare. 5. Father shall attend a seminar for separating families within thirty (30) days of the date of this Order; 6. Mother shall arrange for transportation pursuant to ttM:l custodial exchanges. However, in the eventthatMother'stral1sportatibr'larran!;je~ fail; Father shall cooperate wIUla'change1l'i,,~pl~~rf.$ll'lldate or shall arrange alternate transportation. 7. matter. 8, In the event that either party would want to relocate their residence in a way that would require a change in the physical custodial schedule or ttM:l delivery of educational or Early lnteNent/on services in Hatrisburg presently provided to ttle cfjild through the Capital Area Intermediate Unit, that party must file a petition before the Court for a Plowman hearing, 9. This Order is temporary in nature. Upon proper petition filed with the Prothonotary, the matter may be referred back to the Custody Conciliator for an additional Conference. Dist: Robert F. Curran. 305 Hummel Avenue, Lemoyne, PA 17043 Cindy L. Koser, Esquire. 4810 Derry Street, Harrlsbury, PA 17111 - , , . ._-J. ~".-,"' , ~'.....".",*:; --, --,,,,- ,<-c,',,",'_",,, ,'_, .,---""" ' ROBERT F. CURRAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5694 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. DEBRA LEE FI1<1A DEBRA BARKER, IN CUSTODY Defendant CUSTODY CONCiliATION SUMMARY REPORT '--':-,:,-;,,-,":;-"- '-"-- ,-' . IN ACCORDANce WITH CUMBERLAND COUNTY RULE OF CIVil PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the folloWing report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN TH~ CUSTODY OF September 30, 1998 Mother and Father Sarah Curran 2. A Custody Conciliation Conference was held on August 5, 2002 with the following individ.ui'lls in attendance: the Father, Robert F. Curran, pro se; the Mother, Debra Lee, and her counsel, Cindy L. Koser, Esquire. The Conference was held pursuant to Mother's Petition to Modify and Petition for Contempt filed on June 21, 2002. 3. . 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