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HomeMy WebLinkAbout01-2355 FX LOUIS A. ULRICH, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CML ACTION - LAW MARTHA A. ULRICH, Respondent : PACSES Case Number: 805103380 : Docket Number: 3-2481661 0 \- :nS':> NOTICE AND ORDER TO APPEAR Legal Proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for Custody. If you wish to Defend against the claims set forth in the following pages, you may but are not required to file in writing with the Court your Defenses or Objections. Whether or not you file in writing with the Court your Defenses or Objections, you must appear in person in Court on the day of ,2001, at o'clock, _,m., in Courtroom Number , Cumberland County Courthouse, Carlisle, P A 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have wilfully failed to comply with its order for custody, you may be found to be in contempt of Court and committed to jail, fined or both. BY THE COURT: J. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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, P A 17013 (717) 249-3166 ''i.,",,,,~< ",I" 1,-,] I" , ~~,..-', ~ -' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 -.;<,3 s-S" CIVIL TEllM LOUIS A. ULRICH, Plaintiff MARTHA A. ULRICH, Defendant CIVIL ACTION - LAW CUSTODY ACTION 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 , 2001, at _.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 children who are the subject of this custody action to the conference, but the children'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, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT THE OFFICE SET CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE ,'CARLISLE, PA 17013 (717) 240-3166 , "!':'-""U""'~ ''C' ,",'"', ~, o~, . " . ~, ,-I-, ~ '" ", ",-.. ,T' 'r' " , >, ~r I-; LOUIS A. ULRICH, Plaintiff ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 01-2355 MARTHA A. BRUBAKER, ) f/k/a MARTHA A. ULRICH, Defendant ) CIVIL ACTION - LAW CUSTODY / VISITATION ORDER OF COURT YOU, LOUIS A. ULRICH custody or visitation of the children: have been sued in court to modify custody, partial CRYSTAL ROSE ULRICH. You are ordered to appear in person at , on at o'clock a.m.lp.m., for: ( ) A conciliation or mediation conference. ( ) A pretrial conference. ( ) A hearing before the court. If you fail to appear as provided by this order an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOmD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOlJDO NOT HA VE A LA WYRR OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MID-PENN LEGAL SERVICES 213-A North Front Street Harrisburg, PA 17101-2240 (717) 232-0581 or 800-932-0356 The Court of Common Pleas of Dauphin 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 hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Dated: J. . , ,.~~ . ,<-<' ", if '1'1 "' .~. r'~ -."., ., v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 _.:l3~5 CIVIL TERM LOUIS A. ULRICH, Plaintiff MARTHA A. ULRICH, Defendant CIVIL ACTION - LAW CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Louis A. Ulrich residing at 207 S. Sporting Hill Road, Mechanicsburg, Cumberland County, PA 17050. 2. The Defendant is Martha A. Ulrich residing at 3200 Old Gettysburg Road, 2nd Floor, Camp Hill, Cumberland County, PA 17011. 3. Plaintiff seeks joint legal custody and shared physical custody of the following child: NAME PRESENT RESIDENCE DOB Crystal Rose Ulrich 207 S. Sporting Hill Rd Mechanicsburg, PA 05/17/93 The child was born in wedlock. The child is presently in the shared physical custody of Martha R. Ulrich who resides at 3200 Old Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania and Louis A. Ulrich residing at 207 S. Sporting Hill Road, Mechanicsburg, Pennsylvania. ", 'n __ ,,'v 7" ~, '" , ~I ,"~ __' ~".I^ ..."e__ ,"" < During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Mother & Father 207 S. Sporting Hill Rd Mechanicsburg, PA 09/99 - present Mother & Father 55 Lori Circle Mechanicsburg, PA 1995 - 09/99 The mother of the child is Martha A. Ulrich who currently resides at 3200 Old Gettysburg Road, Camp Hill, Pennsylvania. She is married. The father of the child is Louis A. Ulrich who currentl'y resides at 207 S. Sporting Hill Road, Mechanicsburg, Pennsylvania. He is married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides, with the following persons: Name Relationship Crystal Rose Ulrich Daughter 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Crystal Rose Ulrich Daughter 2 "'c'\" ~;'< . " ': ", .'r~ "'~'1" , "T r ' ~,1. ,', ' ~I "c 6. Neither party has participated as a party nor witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for his child B. Plaintiff can provide a loving home. C. Plaintiff will place his child's interest before his own. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and shared physical custody of his child, subject to defendant's right to joint legal custody and shared physical custody. Respectfully submitted, -rJ;-- 0. .;(;'"~ Thomas o. Gould, Esquire 10 #36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 3 ':1",--, VERIFICATION I, Louis A. Ulrich, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subj ect to the penal ties of 18 Pa. c. S. Section 4904 relating to unsworn falsification to authorities. DATED: L/ -cJ:5 - .JCJO ( ~?l? ~ Louis A. Ulrich Plaintiff 4 "';1\""" v ,~ "" ,1'<1 " --- .,. LOUIS A. ULRICH PLAINTIFF V. MAR1HA A. ULRICH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2355 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 27, 2001 , 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 Tuesday, May 22, 2001 at 12:30 p.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. The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. tJt;? 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"I' , I' i~~i1,M~~w/:;iiiJ';;:l~~l-liJtHi;;",il<!@'m:M''''~-'i&ffilik;[['''l'",i:!l<\''C)''''''''''' ,'i"I",\,i;J;-4''';lh'W~,;,L'$Jlill~~i~'''' ~ _~' ~-'tr.v"~"':IaiIlIiill!illl.iilI." 'h" , ~~~"" 'o.:,>.,'c, oc F'!"SP;~~J.G]~~:~~""^r- I'". "'./U-\.!"iY 01 APR 27 PH J: SO , .. CUM".... ;-.;.' ij (,c,'" ...lh:..h~D COU PENNSYLVANiA NTY Jl-J.7.0/ w- ~ ~ zt J; x!1--11/ tl;;'/t)( 71~ ~ '0~' 'I.~(.tJ/ t~ p.a:i,t -$ 4 ~~ 4-:1:~o~t'kJJJJr~1~,iUtJl."JJ:r4!,~!~mu ,,~<~,.,t'"" ~Ht",J~J,-,:k - ,,~ ~~H" 1\;~r'l' 'i' , ".' C"~', -,1>", '.~ ," . ',~, --"',~,= ,,, .'"-,,-,-""- ., ~.., ~ '- ~, ."~ ~. "~-r ~,~ ~:' I,,", ... 1 LOUIS A. ULRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 01-2355 CIVIL TERM . . . MARTHA A. ULRICH, : CIVIL ACTION - LAW Defendant . IN CUSTODY . OODER OF CDJRT AND l'Di, this 3( upon consideration of the attached ordered and directed as follows: day of Custody ~ Conciliatio'n , 2001, Report, it is 1. The Father, Louis A. Ulrich, and the Mother, Martha A. Ulrich, shall have shared legal custody of crystal Rose Ulrich, born May 17, 1993. 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. 2. The Mother shall have primary physical custody of the Child. 3. program Custody reports The Father shall enroll and participate in an alcohol treatment at least on a weekly basis within two weeks of the date of the Conciliation Conference. The Father shall provide written status from the program to the Mother on a monthly basis. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The Father may also have additional periods of custody during the week as arranged by agreement of the parties. 5. In the event the Child adjusts well to the alternating weekend partial custody schedule, the Father shall be entitled to have custody of the Child for one uninterrupted week in July and one week in August upon providing at least 30 days advance notice to the Mother. 6. The parties shall have custody of the Child on holidays as follows: A. SHARED HOLIDAYS: The parties shall equally share having custody of the Child each year on Christmas, Thanksgiving and Easter, with the specific times to be arranged by agreement of the parties. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day J, "~". ' , p~ '~'o- " "1 r,' I -.,' 1" ~-, ~~ ... holidays and the Mother shall have custody on July 4th. In even numbered years, the Mother shall have custody of the Child on the Memorial Day and Labor Day holidays and the Father shall have custody on July 4th. The specific times for exchanges of custody shall be arranged by agreement of the parties. C. 1C.1"tIJSK'S DAY/l"ATHER'DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the times to be arranged by agreement. 7. Unless otherwise agreed between the parties, the party relinquishing custody of the Child shall be responsible to provide transportation by a licensed driver for the exchange of custody. The Child shall be transported at all times in a seat belt. 8. weekend, depending Both parties shall be flexible in making adjustments to the holiday and summer vacation custody schedules as necessary on the Child's adjustment. 9. The Father shall refrain from drinking alcohol during his periods of custody with the Child. The Father shall ensure that third parties having contact with the Child comply with this provision. 10. The parties shall communicate directly with each other rather than involving the Child as an intermediary or messenger. 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 llRltual consent. In the absence of llRltual consent, the terms of this order shall control. J. cc: Thomas D. Gould, Esquire - Counsel for Father Timothy J. 0' Connell, Esquire - Counsel for Mother / /J . L S~~l '~lflIij, 1-'h' , ,..,-. , ~ d' ,.,- ,l"IiiI ......_~<_,~,___ 0 -= ,~ "'~"~.~" ~. ~,,,'> ,~, ""'-,+ ."'.~, '~'''' ," '.-.c"'~: """;';~~'''-' "",~,"'" , ci" "',,,",'<'.'" ,"", "-'k~\I',o-<--",*,,"., ""~. ".,"'"-_. I--'~]rr"'1ir" .. i \""UU'\-I'C:"lr ;i;'1",,'/\ ,f\".I!\) d~r! I JI'^^r. - ., '-." I\. \'1 J' ! I r '\,!\Jl) :-'r"i' \rn^ - ',,",' :: I ''':.,'';' :'V~i !J 1.[; Mfitc",' ,1'"\ ":J (--J:} I" . . , ... i, n I',J ,,~ nffl'fJ'l~~Cj~;r'"j"""')""5)'~"'F':,,,,, "',"~n1;j18'''''N''-J;<r:~~~~[(<<!~~~~~1 << LOUIS A. ULRICH, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-2355 CIVIL TERM . . MARTHA A. ULRICH, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUS'.lUDY COOCILIATICtl SUMMARY REE'(Rl' IN ACXXIIDANCE WITH CUMBERLAND <XXlN'l'lr RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN am'ODY OF Crystal Rose Ulrich May 17, 1993 Mother 2. A Conciliation Conference was held on May 22, 2001, with the following individuals in attendance: The Father, Louis A. Ulrich, with his counsel, Thomas D. Gould, Esquire, and the Mother, Martha A. Ulrich, with her counsel, Timothy J. O'Connell, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Dat~ d..-A... J.,.,n / , DaQ~&~ CUstody Conciliator '-"," ." ", ,~, ", "' 1':"1--11", ' "'I' "'f" .- , LOUIS A. ULRICH PLAINTIFF V. MARTHA A. ULRICH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 01-2355 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 13, 2001 , 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 Tuesday, October 09, 2001 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into' a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. W' 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 Cal"lisle, Pennsylvania 17013 Telephone (717) 249-3166 .i!ll" " 0 ^ .,,, ~, [ " r"',1"""'711' . . ,- ~~ i:@L'lIi;1;;;H"I';;'~i~~~IlOL",,~.i;;1~<l!!.;!!iif~Jlt.6.k:tm;!lfJ;<;"iJrt,#,r;,; 1 .>," .~~,--,,~, ~ ,- ^ ,~--,' I,,,~~,,.~,,~ ._" ,,,,;;,~:,j,,,t,,,,"i" tf'IJ~1 1/J-tJI tJ 'IJ"~! -, ~ - ,> -!'>'ii,-;;m~'~,,,,<,.,.;j,;,"U;;(tl,~"f"ilt"'"'~lki ' ~~Wi""'* 'c. \"'"' ,"'y::.rJ('C: I"i' ~\ '--',-,: 1 1\.11.- ~ \l ,_c,:c:'.,<,-".,:r\\~Rl ()~ ',,'; :".1" ,',.;1 ,'--' " 0'\ ." \ \ 0\ SE? \ '3 \ r' l... >, C\JIJ\BEBVND COUNTY Pt.N~IS'{L\H,N\1\ M-~~ ~ #4tiM 71~ ~ z dfi- t~ ~ z'$ aif~ , ,~,~-~ ~II' -."""...- JlIllUlB ~, Ii 'I II I i I 1 I I " f LOUIS A. ULRICH, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CML ACTION - LAW MARTHA A. ULRICH, Respondent : PACSES Case Number: 805103380 : Docket Number: lJ1 S 2991 ~ 1~~"3~5 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER The Petitioner, Louis A Ulrich, by and through his attorneys, THE LAW OFFICES OF PAUL BRADFORD ORR, respectfully represents the following: I. That on May 31, 2001, an Order was entered awarding Petitioner partial custody of the minor child, Crystal Rose Ulrich, born May 17, 1993. 2. A true and correct copy of the Order is attached hereto and marked as Exhibit "A." 3. Respondent has willfully failed to abide by the Order. 4. At the present time, Petitioner does not know where Respondent is residing with their minor child. 5. Petitioner has tried to call Respondent on numerous occasions to determine where she is residing with their minor child, what school the minor child is attending, and who her teacher is, but Respondent refuses to divulge that information. 6. According to the Order of Court, Petitioner was to have custody of the minor child on the weekend of May 18,2001, but Respondent refused to give the child to him. 7. On July I, 2001, Petitioner was to have custody of the minor child, but Respondent requested that he trade that day and have custody of the minor child on July 6, 2001, instead so that Respondent may take the minor child to her mother's house to visit. Petitioner granted this request, but Respondent never allowed him to have custody of the child on July 6, 200 I. 8. On July 17, 200 I, Respondent showed up where the Petitioner had taken the minor ';',~,r ~'-J' '" ~ ~ . 'r "~'I' 1 . . ~,~~~"~~~--,' child on vacation. 9. According to the Order of Court, Petitioner was to have custody of the minor child, but when he called to make the arrangements, Respondent told him that he was not getting the child and if he didn't like it, he was to call his attorney. 10. On August 10th through the 17th, Petitioner was to take the minor child on vacation for a week, but Respondent did not allow him to do so. 11. Since Petitioner did not get custody of the minor child on the week of August 10, 200 I, Petitioner thought that he would get custody of the child on the next weekend for his bi- weekly visit, but Respondent did not allow this visitation to occur. 12. According to the Order, Petitioner is to have custody of the minor child on Labor Day on odd numbered years. 13. Respondent failed to deliver the child on Labor Day on September 3, 200 I. WHEREFORE, Petitioner respectfully requests this Petition for Civil Contempt be granted and the Respondent be ordered to pay costs, attorneys fees and any other relief that this Honorable Court deem to be reasonable. Respectfully Submitted: n.w. "ll& J 0 1 Paul Brad d rr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258.8558 Supreme Court ill # 71786 *'1fJII; ~ ,~'o '1"1:' 1 ~ ~ '~'~'"'" .,.-- ~_.. VERIFICATION I verify that the statements made in the foregoing Petition 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. DATE: f~b-6 f ~ c;, ~~<'" Louis A. Ulrich, Petitioner ':."';~, !ll_ ~ T __ ".~\IlIl~, f--r',"r', I'" I;, J , 1:0 l'Hj~ :'~\ClJ,~J U,~ ;:)(vJJ'~I)h P~,:i~,L '~, O~ ,-2Ul\18EFLAND CC){JNTY f :)C:NNSYL '\' ,tj\JI,t , ~l. i ' I)' . i',~ ','So NO. 01-2355 CIVIL TERM MARTHA A. ULRICH, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND l'DI, this '3 \ upon consideration of the attached ordered and directed as follows: day of Custody ~/f. conciliation , 2001, Report, it is 1. The Father, Louis A. Ulrich, and the Mother, Martha A. Ulrich, shall have shared legal custody of Crystal Rose Ulrich, born May 17, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to rrake all rrajor non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. program Custody reports The Father shall enroll and participate in an alcohol treatment at least on a weekly basis within two weeks of the date of the conciliation Conference. The Father shall provide written status fran the program to the Mother on a monthly basis. 4. The Father shall have partial physical custody of the Child on alternating weekends fran Friday at 6:00 p.m. through Sunday at 6:00 p.m. The Father may also have additional periods of custody during the week as arranged by agreement of the parties. 5. In the event the Child adjusts well to the alternating weekend partial custody schedule, the Father shall be entitled to have custody of the Child for one uninterrupted week in July and one week in August upon providing at least 30 days advance notice to the Mother. 6. The parties shall have custody of the Child on holidays as follows: A. SHARED HOLIDAYS: The parties shall equally share having custody of the Child each year on Christmas, Thanksgiving and Easter, with the specific times to be arranged by agreement of the parties. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the__J::bild.. Q[Ltha-Memorial Day and Labor Day I J- , EXHIBIT ,.i ~Ul~'l~~~~~H~~Hii~'T~tt~ A ~ ~,~ 1W!"" l 1"""1 'I" ~ -'-~-;;:l-;'~------'-~'-- ---'-':.:'' !; "f ,!I ,; ~ ~ i- ,". ~ ~ ,. i ~ '~\\i, ,~ ':" flI!'i,...,~''''' .' __ ,. "" =, =,~, ~"'lIfllJj,__,~,_ , " '", ;)" "~, ,oj. , ~ I ~ "~~~Iml *- A f; " .. ~ ,<"' ~,~'-" '" " ~~----- -- -- ---- - -~- ~--'---~--- holidays and the Mother shall have custody on July 4th. In even numbered years, the Mother shall have custody of the Child on the Memorial Day and Labor Day holidays and the Father shall have custody on July 4th. The specific times for exchanges of custody shall be arranged by agreement of the parties. C. K7.rf1ER'S DAY/FATBER'DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the times to be arranged by agreement. 7. Unless otherwise agreed between the parties, the party relinquishing custody of the Child shall be responsible to provide transportation by a licensed driver for the exchange of custody. The Child shall be transported at all times in a seat belt. 8. weekend, depending Both parties shall be flexible in making adjustments to the holiday and SU/lllller vacation custody scl1edules as necessary on the Child's adjustment. 9. The Father shall refrain from drinking alcohol during his periods of custody with the Child. The Father shall ensure that third parties having contact with the Child comply with this provision. 10. The parties shall communicate directly with each other rather than involving the Child as an intermediary or messenger. 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. J. cc: Thomas D. Gould, Esquire - Counsel for Father Timothy J. 0' Connell, Esquire - Counsel for Mother / /J . Ls-::, TRUE COpy FROM RECORD In Testimony Wlleraof. I here unto set my hand and~. , of said ~1sIe1&?! ~~ 'A~' ~ Prothonotary '0/"'" " .~~ 1~~IT1 ~I ,"-- -., ";.. _": '"'- ". ,~ ,.' '''. + ",,--w.~ .~, {O' -,--, ~.'-- ,-, --~~~-----~_.- LOUIS A. ULRICH, Plaintiff : IN THE OOORT OF OOMMOO PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-2355 CIVIL TERM : MARTHA A. ULRICH, Defendant : CIVIL ACTION - LAW : IN CUSTODY CUSTOOY CCfiCILIATICN SUMMARY REPCRT IN ACCaIDANCE WITH CUMBERLl\ND <XXlNTY ROLE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children WAO are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURREm'J;.Y.. IN CU$TODY OF Crystal Rose Ulrich May 17, 1993 Mother 2. A Conciliation Conference was held on May 22, 2001, with the following individuals in attendance: 1he Father, Louis A. Ulrich, with his counsel, Thomas D. Gould, Esquire, and the Mother, Martha A. Ulrich, with her counsel, Timothy J. O'Connell, Esquire. 3. 1he parties agreed to entry' of an Order in the form as attached. Dat~ ;+- :J.. J.,., n I I Il~~~ Dawn S. Sunday, Esquire Custody Conciliator "~;):\L .~~m ,~'. 1~I'l"'1 - . . ~ ,,., ~ , ii ;1 ii ~- ,~~''''",~ . ~ ~ ~_ "~~<V~ '=~"~~~. ^~ '"0'. }0~ ~J"::. ~ ~ ~ ......... ....... {' ~ f'" ~ , D C) ! -r IInlllll!._!lftQJI!llI!!'.lIlI,""-J"MI!Im~~~"I"o",",,,"~~W-')J'''1'~'';')'''' ; ;""5,"""'"':~'" '.,0<', C"l (- 0 '--} -1"1, C. -- s: V> -OCl. ,." , -.' rrlfl'. -0 r'ilr 2- ::~~ \ -\J~ Cel'r L;-I r~~, .....l ,~') ~ ) 0;:;:.- :i~~ \2.0 .". 3: (_~;~C) ZC' Om :;;2 '-P. c=.J z - ~ :~ c.'1' ~~ <"-'''';''"'''i' ,u-"?'''!Jj:'",""",,,w!;o,nl?1'''V'$!fm.~i!l!M'!',~~,~~j~~,j!~I!j1i!ft';],~iNl .. , LOUIS A. ULRICH, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MARTHA A. ULRICH, Respondent : PACSES Case Number: 805103380 : Docket Number: 01-2355 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 7th day of September, 2001, Paul Hundertmark, Pennsylvania State Constable, in the above-captioned action, served a true copy of the Complaint for Custody, executed by the Plaintiff in the above-captioned matter, upon the Defendant by hand delivery on September 7, 2001, at 10:45 PM at the Harrisburg State Hospital located at Cameron and Maclay Streets, Harrisburg, PAl 71 06 (See attached and marked as Exhibit "A"). 0.." ~r \~t D \ By: ',~n ,"'"",,,,"r,,' I I '."1 Of,' , r. . o'~ .. " I :1 fEIUliHlill~~l!lfi\l''':Ir~~l'1';",.." - ",~ <,,"~ ... --,"". ~, -'r.'<""""'"",=".*",' "-,'.' ",",".'," ",','w,,,",,"'",,'''''''~' ". ~,~ o c: <: '"t)OJ ff".IT' Z:C ~C;;;, ,=,<:y ~C; )?:r', z'~ 0;;:-0 --'S; ~ C:J :11 ''T1 :-0 - .~' - "~~'- '"~""'~"-"~"~ ~;; "",,,", , ,-,~ if"'" """"- -- , -' -c.". ''', -'~, ,/."J .' ,'-1' 9'" y. ':C! -<. '0: (fl en ~~"~;j)j""'':i;'l'''')-''l'>'-';:''lfn-ni'''I'F:~'-'~O",,,.-,,:"",,,, " ""{.'"'-';:11~~>:'"<;~f~..'lii~'lf"NlH''l'i[,+",'Siif'!;f';.)i~N~8c<<\If;I/i!,~~!Nf1ijlj1 . .. COMMONWEALTH OF PENNSYLVANIA OFFICE OF THE STATE CONSTABLE BOROUGH OF MECHANICSBURG Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 RE: Louis A. Ulrich v. Martha A. Ulrich Civil Action Law No. 01-2355 REMARKS: Served Martha A. Ulrich Harrisburg State Hospital 09-07-01 at 10:45~.AvI .. - PETITIONER'S EXHIBIT A - *~I "", ,_ c: ~-*"',", " I 'Iif', " -," ~-~~, r" ~.,,'-,' '" ""'11m _, '1r,,!!'I!IilI!!!I!l!? ",~"" ">'^"- "'~o.-__" .. ~, ~ ""'," .~~~",!".$f"~~^,,,,,,,,,,,,~ ,~ .... "'f~~__~ ~"~ ' .~ "' ...,., '''''''"'''i'f('lllii'ilInm ""'GillI'UllOf'T'l""11 " . ' o c:; .~ ""(1(;:' 1"111'-;"' z::r, =ZC;:,~ CD. c, ::<:/;" l/'C; :eO bO ;pc -;0" ~i -<- (:;) -- ~ cn c"C\ '-0 - .~ y~ ~..,~ ~, t;r\ '..:'-: 'L._' , 1;') ~? '~~~,~~\ ~::'" ~> j:J -'- U1 t:.Ji ~ ''''''''1''',~~I1\!1I[~~*f.;!'''''ir'4~i'A~'''7"'';'''''''~''1t''4',~i~;Mj!'',~'1f'lM'j,y'!%'W,f,ii1t~~~f'1l~!\!I,"",-i'~i;'~imliil"'..Mflt';~:@I1~f;~:; .. .. . LOUIS A. ULRICH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2355 CIVIL ACTION LAW MARTHA A. ULRICH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this "2.2-- day of O~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 31, 2001, is vacated and replaced with this Order. 2. The Father, Louis A. Ulrich, and the Mother, Martha A. Ulrich, shall have shared legal custody of Crystal Rose Ulrich, born May 17, 1993. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall enroll and participate in an alcohol treatment program at least on a weekly basis. The Father shall provide written status reports from the program to the Mother on a monthly basis. 5. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The Father may also have additional periods of custody during the week as arranged by agreement of the parties. 6. The Father shall be entitled to have custody of the Child for one uninterrupted week in July and one week in August each year upon providing at least 30 days advance notice to the Mother. 7. The parties shall have custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m., Segment B, which shall run from Christmas Day at 4:00 p.m. through December 29 at 4:00 p.m., and ';-",~""~",,,,,, , 1'1" I ~.& . .. . Segment C, which shall run from December 29 at 4:00 p.m. through January 1 at 4:00 p.m. The Mother shall have custody of the Child during Segments A and C in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segments A and C in even numbered years and during Segment B in odd numbered years. Notwithstanding the foregoing, in the year 2001 only, the Mother shall have custody of the Child from Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m. and the Father shall have custody from Christmas Day at 4:00 p.m. through New Years Day at 4:00 p.m. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 4:00 p.m., and Segment B, which shall run from Thanksgiving Day at 4:00 p.m. through the following Friday at 6:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the last day of school before the Easter break at 6:00 p.m. through the Friday before Easter at 6:00 p.m., and Segment B, which shall run from the Friday before Easter at 6:00 p.m. through the day before school resumes after the Easter break at 6:00 p.m. In each year, the party who has custody of the Child under the regular alternating weekend schedule over Easter weekend shall have custody during Segment B and the other party shall have custody during Segment A. D. MEMORIAL ,DAY/JULY 4TH/LABOR DAY: The holiday period of custody on Labor Day and Memorial Day shall run from 9:00 a.m. until 7:00 p.m. on the day of the holiday and the July 4th holiday period of custody shall run from 9:00 a.m. until after the fireworks on July 4th. The Father shall have custody of the Child on Memorial Day and Labor Day in odd numbered years and on July 4th in even numbered years. The Mother shall have custody of the Child on Memorial Day and Labor Day in even numbered years and on July 4th in odd numbered years. E. MOTHER'S DAY/FATHER'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. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. The Father shall sign all necessary authorizations to enable the Mother and her counsel to obtain information regarding the Father's participation, evaluation and treatment through the Gaudenzia West Shore Program. The Father shall follow any recommendations provided by the Gaudenzia Program regarding further treatment. iN!t: ,'",~, ,IIUY . , , . I ~I ] , , 1 ' 1 , r--"', ~" ,. 9. The Father shall refrain from drinking alcohol during his periods of custody with the Child. The Father shall ensure that third parties having contact with the Child comply with this provision. 10. Unless otherwise agreed between the parties, the party relinquishing custody of the Child shall be responsible to provide transportation by a licensed driver for the exchange of custody. The Child shall be transported at all times in a seat belt. The parties shall conduct all exchanges of custody in a calm and cooperative manner in order to serve the best interests of the Child. II. The parties shall communicate directly with each other concerning all custody issues rather than involving the Child in any way in disputes or conflicts. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. 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: Paul B. Orr, Esquire ~ Counsel for Father Timothy J. O'Connell, Esquire - Counsel for Mother ~ J. Edgar B. Bayley, !fJ-.).3-ol. q. 'l!' c' ,--' I'r ,,, I ' r 'I' ..' = c\ C' t/4 4 'ry .-\ 'c" 0("- v. (/ /- (/ '<1~ 4a "...,{of. \1'-'~/ J~ 0.ell"> ~j~:'1- '-Vt ^ '4%. ',?\\~ '~ *'.1 o -/" '%> '('/1 \'?'~~:.r ' , .....~/ />-^ '.~~~.;, ,'~rn ",'~ ". <(;>;-' ",0;," ~ ')/ \\~'>- v ,-e ", ~ .""'....', ,~~_ lril'f,"!1"" . ,,--, , ~- '~'~ ~, ~~ '~ ',~ ." ,~'""---- ','~'~" ,~, ," __",- M_ '" ~" < -- '-- .- ,. ,"". " '.=",..".,"". 'NJ'Y r<~~"','t<lW!T'Ff.';"!1!.!""Po\:jf':-,--'R"{~"ij"""1~lf>.~~~~~1~~~!!iQll~~I';iIt~~.r.~;j\lfl .. LOUIS A. ULRICH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 01-2355 CIVIL ACTION LAW MARTHA A. ULRICH, Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Crystal Rose Ulrich May 17, 1993 Mother 2. A Conciliation Conference was held on October 9,2001, with the following individuals in attendance: The Father, Louis A. Ulrich, with his counsel, Paul B. Off, Esquire and the Mother, Martha A. Ulrich, with her counsel, Timothy J. O'Connell, Esquire. 3. The parties agreed to entry of an Order in the form as attached. The parties acknowledge that the Father has complied with the provision requiring him to participate in an alcohol treatment program by his enrollment in the Gaudenzia Program from June through October 2001. The Mother's counsel requested that the provision be retained in the attached amended Order pending the Mother's review of information to be obtained from the program with the Father's authorization. OcJo&/1 /.;), doni Date ~-1L.~c~ Dawn S. Sunday, Esquire Custody Conciliator ,,:':~t;,l ' ", l "1' I' ,,~': ,,~ :r , i I I I. 'I II ,. Ii ,I " IL~~... ~ .,O~'!"""' ~ " *,J-o"e . ",.. ~~ '"",.' < '"" "=.'4C"""~<"""'" ' ~, __"~Mm& , ~ ' -.;,,"' "" "~ .'1,' ~"....--,', -",';J!i.~-i~."""--'''''ll"~.IF'~''';'lWJ''-rn''>M '''_t_'""--~__" i I IIMlIJi " ~ ~~ll~,~~ _,< ,'-fI',,~~:'W"ff'";~"'""'l'T"!"""""""*'~')~~;;~"~,{f"~';M-~'fl"Y<<'"~'f'Uj~l11ffl'!~~~llll:l LOUIS A. ULRICH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2355 CIVIL ACTION LAW MARTHA A. BRUBAKER, FIIKIA MARTHA A. ULRICH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 22, 2003 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow th,e 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 hearinj!. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. Custody Conciliator u 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 TIlE 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 OC"J'~'o"'1'''''~ ,,~ "~"'1-", '~ 1,~rl!'1 ~I 1 T' ~ ""~,,-->,,",q!"",<--,,, ,j, -, ,. ~, ,';j,"'i"'(-' :'<'!ili;-;~,,.,.,,~;__d)'{Jd,j!i;\,,,,,gi&if1!;WifW-~lR:" "~w~~,~i~ ~ill'dlijil1JIi' , ~.~.. OF -JiLEIJ,:gfF1CE [, ,r: ,b., "I'.'''''''~ '.. . "...... ".JI\uIMY 03 SEP 26 PH 2: 'j ,.. CUMBr:,~, lo."" , .....,.~qLJ ,'('-"" , PENNSYLVAf~I:(NTY t/01&-03 &d- t'1"7_~ ~. a4 ~ f <2tP -6 <;t~- ~ ~ /1tI fC)fJJitJ ~ ~ -$ a{f~' ~~," "^,_,.' .'~ __"~kl,"~o~".:,~<,._ ,~,," - ~.i!II ...'.hM ~ ~._~~~~ 'liIlll.!k 1<: i , .: -" ~ LOUIS A. ULRICH, Plaintiff vs. ) ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2355 MARTHA A. BRUBAKER, ) f/kJa MARTHA A. ULRICH, Defendant ) CIVIL ACTION - LAW CUSTODY I VISITATION PETITION TO MODIFY CUSTODY AND NOW, comes the Defendant, MARTHA A. BRUBAKER flkJa MARTHA A. ULRICH, by and through her attorneys, the Law Offices ofBATURIN & BATURIN, and respectfully sets forth the Defendant's Petition to Modify Custody as follows: I. The Defendant is MARTHA A. BRUBAKER f/kJa MARTHA A. ULRICH, an adult individual, sui juris, residing at 35 North Market Street, Dauphin County, Duncannon, P A 17020. The said Martha A. Ulrich having been remarried, is now known as Martha A. Brubaker. 2. The Plaintiff is LOUIS A. ULRICH, an adult individual, sui juris, who is currently incarcerated at the Cumberland County Prison, located at 1101 Claremont Road, Carlisle, Cumberland County Pennsylvania 17013. 3. The Plaintiff and Defendant are the parents of one (I) minor child, CRYSTAL ROSE ULRICH, born May 17, 1993, being ten (10) years of age. Said minor child is the subject ofthis Custody Complaint. 4. The parties were married but are currently divorced. Said child was born during the parties marriage. 5. The child is presently in the primary custody of her mother and resides at 35 North ;~~ III I .~ ," Market Street, Dauphin County, Duncannon, P A 17020, with the Plaintiff having partial physical custody. 6. There is an existing Order entered on May 31, 2001, signed by Judge Edgar B. Bayley; said Agreement is attached hereto and made a part hereof and referred to as Exhibit "A". 7. Said minor child has resided at the following addresses since birth: ADDRESS DATE PERSONS RESIDED WITH 55 Lori Circle 1994 - 1997 Mechanicsburg, P A 17050 Natural Mother and Natural Father 207 S. Sporting Hill Road 1997 - August 2001 Mechanicsburg, P A 17050 Natural Mother and Natural Father Gettysburg Road April- August 2001 Camp Hill, P A Natural mother 35 North Market Street August 2001 - present Duncannon, P A 17020 Natural mother and Step-father 8. Defendant/mother, Martha Ulrich, seeks full legal and full physical custody of CRYSTAL ROSE ULRICH with Plaintiff/father, Louis Ulrich, having supervised visitation. 9. Defendant has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child, other than the aforementioned. 10. Defendant has no information of a custody proceeding concerning the minor child pending in a court of this Commonwealth. -2- ';",";:'-c-"ir"""mo~',,'~, , ,,~.,.. " '" "~ IT, !" I~ ~. '"~=.~ -, ~~ ~' , _ M,~";' I II. Defendant knows of no other person or party to the within proceeding who has physical custody of said child or who has visitation rights with respect to said child. 12. The best interest and permanent welfare of the said minor child will be served by granting the relief requested because: a. There have been changes in the circumstances of the Defendant/mother's life which will enable her to have full physical custody of her children; the Defendant has modified her work schedule and has remarried and she is able to provide care for said child prior to school. b. Defendant/mother is well able to adequately provide for the continuing health, educational needs and general welfare of the child; c. Defendant/mother is well able to adequately provide the said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; d. Defendant is deeply concerned about the safety and welfare of the child because the Defendant is of the understanding that Plaintifflives with three (3) alcoholic roommates and she has been advised that said roommates drink in the presence of the child; e. The Defendant is concerned about the safety of the minor child because at the time, the Defendant is currently in prison for a Driving Under the Influence offense and has consistently been driving with a suspended license; f. The Plaintiff had previously advised the Defendant that he was not going to be "home" for the next five (5) weeks as he was going to the Bahamas, when, Defendant has been -3- " ~ , ,~,~,"""', ,-' , , -,' ~, ,-I r' " ~ T" , - ",' . advised Plaintiff is in fact incarcerated for his most recent Driving Under the Influence, his third (3'd) of such offense; g. Plaintifjjfather is currently injail for alcohol related crimes in violation of this Order dated May 31, 200 I. h. The Defendant is concerned about the safety and privacy of the minor child because she does not have her own room while staying at the Plaintiffs home and is actually sleeping in the same room as the Plaintiff. Said minor child has her own bedroom at the Defendant's house; i. It is in the best interest of the said child generally that full physical and legal custody be granted to the mother, MARTHA A. BRUBAKER, Defendant herein. WHEREFORE, MARTHA A. BRUBAKER, respectfully requests that this Honorable Court grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting full legal and physical custody of said minor child, CRYSTAL ULRICH, to the Defendant herein. Respectfully submitted, Dated: '1-n-()~ BATURlN & BATURlN BY: ~,~ HARRY . BATURIN, ESQUIRE Attorney LD. No. 83006 717 North Second Street Harrisburg,PA 17102 (717) 234-2427 (Attorney for Defendant) -4- "~~;!\l." " 1'1: . " 7 ~ ,.-~, ~".'~<'"O~=,'-"',i VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION TO MODIFY CUSTODY ARE TRUE AND CORRECT AND THAT THE DOCUMENT IS SUBMITTED IN GOOD FAITH. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES AND THAT THE COURT MAY IMPOSE AN APPROPRIATE SANCTION FOR A BAD FAITH VIOLATION. Dated:9- /7 -03 ~;t~.B~~~~~ (SEAL) -5- ,~,~:,'~, ,','~~ "-", 1,1, '1 =,~~ LOUIS A. ULRICH, : IN THE OOURT OF OOMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-2355 CIVIL TERM . . MARTHA A. ULRICH, : CIVIL ACTION - LAW Defendant : IN CUSTODY aIDER OF COORT AND N:W, this 31 upon consideration of the attached ordered and directed as follows: clay of Custody , 2001, Report, it is 1. The Father, Louis A. Ulrich, and the Mother, /1artha A. Ulrich, shall have shared legal custody of Crystal Rose Ulrich, born May 17, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-ernergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. program Custody reports The Father shall enroll and participate in an alcohol treatment at least on a weekly basis within two weeks of the date of the Conciliation Conference. The Father shall provide written status from the program to the Mother on a monthly basis. 4. The Father shall have partial physical custody of the Child on alternatin;J weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The Father may also have additional periods of custody during the week as arranged by agreement of the parties. 5. In the event the Child adjusts well to the alternating weekend partial custody schedule, the Father shall be entitled to have custody of the Child for one uninterrupted week in July and one week in August upon providing at least 30 days advance notice to the Mother. 6. The parties shall have custody of the Child on holidays as follows: A. SHARED HOLIDAYS: The parties shall equally share having custody of the Child each year on Christmas, Thanksgiving and Easter, with the specific times to be arranged by agreement of the parties. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day Exhibit "A" ',;~,,~ "~ ",...."...... II .~ .~ - "-""',"'''''' holidays and the Mother shall have custody on July 4th. In even numbered years, the Mother shall have custody of the Child on the Memorial Day and Labor Day holidays and the Father shall have custody on July 4th. The specific times for exchanges of custody shall be arranged by agreement of the parties. C. MOTHER'S DAY/FATSER'DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the times to be arranged by agreement. 7. unless otherwise agreed between the parties, the party relinquishing custody of the Child shall be responsible to provide transportation by a licensed driver for t.l1e excha'1ge of custody. The Child ,5,'1all be transported at all times in a seat belt, 8. weekend, depending Both pa.-ties shall be flexible in rraking adjustments to the holiday a,d summer vacation custody schedules as necessary on the Child's adjustment. 9. The Father shall refrain from drinking alcohol during his periods of custoCly with the Child. The Father shall ensure that third parties having contact with the Child comply with this provision. 10. The p=>..rties ,5,'1a11 comrIT..lI1icate directly .d'u'1 each other rat.'1er 'u'1a'1 involving the Child as an intermediary or messenger. 11. This Order is entered pursuant to an agreeinent of the parties at a Custody Conciliation Conference. The parties rroay 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, jS#j~,I{J elJJ1)~ cc: Thomas P. Gould, Esquire - Counsel for Father Timothy J. 0' Connell, Esquire - Counsel for Mother ,-"" ,,~, ,~ :~, , " ~ :' I' ~'I 'j I" . ~, . " LOUIS A. ULRICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY r PENNSYLVANIA . . vs. : NO. 01-2355 CIVIL TERM : MARTHA A. ULRICH, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY o::IiCILIATICN SUMMARY RE?CRl' IN Acc:mDANCE WITH CUMBERr.AND CCXlN'l'YRULE OF CIVIL PROCIIDORE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NA..II!E DATE OF BIRTH CURRENTLY IN COS'lOOY OF Crystal Rose Ulrich May 17, 1993 Mother 2. A Conciliation Conference was held on May 22, 2001, with the following individuals in attendance: The Father, Louis A. Ulrich, with his counsel, Thomas D. Gould, Esquire, and the Mother, Martha A. Ulrich, with her counsel, Timothy J. O' Connell, Esquire. 3. The parties agreed to entry of an Order in the form as attached. f'11.z..!::j .+ ;:J... :u-, n I Date I 11<</K~L~ Dawn S. Sunday, Esquire CUstody Conciliator 1:"<:':]1; 1""""I'p "',I ~~ ~~ ~,- ; , :j "i'i'lill - ~ M:r_~R"lliJWll,. l1'1~ > -<- ~~, ,'~~",~ '''~~, _"~ ,~ ,~<<" '0 ~ "0",.' _., ""''''.' -,::J(J~ ~ '1 9 '. t 8- -B()" ~ .) ~ P- ~ J:- , () s~ --0. d'>' ~~, ' u:," -,"" '} ~ --:",7 ..-<" :t.::. ",,"1 \::) "H"''''''''' Q 'l~j' =Co;, ::< ~~ c i"".~,A1 ,~pr~"W~<liI'ri')'q'J"'''>!'''-'?;t;''!J~,",';>-~''~;['''''';;''''i'-:'c;''~'i~IO)\tQ~'!!"S1l~'''~~IO..%i~~P~!!71~iP'''~-!ij(I'F\~!'~!~~ ~ vs. ) ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOUIS A. ULRICH, Plaintiff NO. 01-2355 MARTHA A. BRUBAKER, ) f/k/a MARTHA A. ULRICH, Defendant ) CIVIL ACTION - LAW CUSTODY / VISITATION CERTIFICATE OF SERVICE I, Harry M. Baturin, Esquire, of the Law Firm of Baturin & Baturin, attorneys for the Defendant in the above-captioned matter, do hereby certif'y that on October 7, 2003, I deposited in the United States Mail, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, a clocked-in copy of the Complaint For Custody and a certified copy of the Order of Court scheduling a conciliation conference, bearing Article No. 7000 0520 0023 01264035, addressed to: Louis A. Ulrich, 207 S. Sporting Hill Road, Mechanicsburg, Pennsylvania 17050. The said article of Certified Mail, as shown by the Postal Return Receipt Card, was received by the Defendant on October 8, 2003, and according to same, was signed, to wit: by Nemesio Millan, which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated October 7, 2003, for said article of Certified Mail aforementioned. BATURIN & BATURIN Date: October 10,2003 By: ~M'/jY). ~ H~ ~.vifat~n, Esquire Attorney LD. # 83006 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 Attorney for Defendant :j',~~ ,~,- , I'"r" 'I .~" 'Il'~ ~~ -"''''T ~" ~ '--'~"'S'\r'"":'__ki.'~J~i "~fI^ ^~.~,,"-" '. ""~~ "", ,-- -,--,.-, "",' '0", (' Complete items 1, 2, and 3. Also complete' . item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front- if space permits. 1. Article Addressed to: Louis A. Ulrich 207 S. Sporting Hill Rd. Mechanicsburg, PA 17050 1,;/ DAgent ~~ 0 Addressee D. delivery address different from item 1? DYes If YES, enter delivery address below: D No 3. Service Type .&rCertified Maif ,0 Express Mail 'd Registewd'-"' ~':I [J Return Receipt for Merchandise D Insured Mail fl ,iJj C.O.D. 4. Restricted~~i[~r-'F") 0 Ves 2. Article ~~p6'4Cp5r~S6'Or:iar~161 i40]35 I' : I: .;;':,~",. j it "i ' , PS Form 3811, July 1999 Domestic Return Receipt 102595.00.M.0952 1I1 ITI CJ ~ ..D I1J r'l CJ lIECHAHICS8llR6 PA 17050 Postage $ $0.83 CJ I1J 1I1 CJ -Certified Fee rn Return Receipt Fee ru (Endorsement RequIred) D Restricted Delivery Fee CJ (Endorsement Required) 1bta1 Postage &. Fee~ rl, .. Louis A. Ulrich !:,Sp',S ..................n..___.___ CJ s'i;;;ei~Aii.No:;-i,-ipij.BOitNO'--.-----.-----. CJ Lu7 S. Sporting Hill Road ___ n___.. n...n..n..... ~ c;;;,.iiiiiii,-Z/P+'4--------------------------- - - Exhibit "A" '''~, ~~! ,',r I:T"I " ~ c, , > ... , , ilf .. ~tro,,'. ,"'~' ~~rrc, ~,~.IJ'n!!llIn,~,~"~H"'''''''"'1',,Il!JI~t~!~S!~~ ",It'II~, .. ~~ "<' .~ t,,"'"' " , ',"~' ""~'?'j '~"';":jf\f'jf'~:Y~:m'T4r(!''Jfj<~:'.~'1.;i'''Y~r''''f,~'ll "",.;;-,~:,'t>'';<''P 1w~I''';t o c ~ 'Tl _c. ":7) OJ g~ ') (:', " {. ,-- L ~ . ", ~.{J ,~-,~:1W,.~,"9,''i''", ,"-G H"",;,:~",';"';"'"'0l,IW:"l$ii~V-A-"q~1*",lf>1h"if;gm--fii!i!n~(,~1J1I~!'fil't~~~rl"}' :_'1 ~'::! '"":: '0::> .. LOUlS A. ULRICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2355 CIVIL ACTION LAW MARTHA A. BRUBAKER, fi'k/a MARTHA A. ULRICH Defendant IN CUSTODY ORDER OF COURT AND NOW, this-L& day of ~ , 2003, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated May 31, 2001 is suspended and replaced temporarily with the terms of this Order. 2. The parties shall have shared legal custody of Crystal Rose Ulrich, born May 17,1993. 3. The Mother shall have primary physical custody of the Child. 4. For a period of six months, beginning November 1, 2003, the Father shall have partial physical custody of the Child on alternating Saturdays from 12:00 noon until 4:00 pm on the condition that the Mother is provided the opportunity to meet with the Father at the beginning of each period of custody to confirm that there are no signs of alcohol use by either the Father or third parties present at the Father's residence. The Father's periods of custody under this provision shall take place at the Father's residence or place of employment, unless otherwise agreed between the parties in advance. 5. During the interim weeks, the Father may have an additional period of custody with the Child at a supervising agency, in the event the Father makes the arrangements with the agency and pays all costs associated with the use of the facility. The Father shall not schedule periods of custody under this provision to interfere with the Mother's work schedule. 6. Beginning on the Father's first alternating weekend in May, 2004, the Father's periods of custody shall be expanded to run from Saturday at 12:00 noon through Sunday at 6:00 pm on alternating weekends for an additional period of six months. 7. After following the partial custody schedule set forth in this Order for a period of one year, the parties agree that the prior Order of this Court, dated May 31, 200 I with the exception of Paragraph 3, shall automatically be reinstated. ~'.~II"~R~,_... .' , .".r--'~I"'T I " 'I "..,.,,, rn~ .. 8. Pending reinstatement of the May 31, 2001 Order, the Father shall have periods of custody over holidays as arranged by agreement between the parties. In 2003, the Father shall have custody of the Child for at least four hours on either Christmas Eve or Christmas Day in addition to his regular weekend periods of custody. 9. The Father shall be entitled to have custody of the Child for a two week vacation during the summer in 2004 at the paternal uncle's residence in North Carolina, provided that the Father submits advanced notice to the Mother of the address and telephone number where the Child can be contacted during the two week period of vacation. 10. The parties agree that the Father's periods of custody are contingent upon the Father periodically obtaining written confirmation from his probation officer that the Father continues to comply with all probation requirements. The Father shall provide this written confirmation to the Mother through counsel, upon the Mother's request. 11. The Father shall refrain from drinking alcohol prior to and during all periods of custody with the Child and shall ensure that all third parties having contact with the Child comply with this proVISIOn. 12. The Father shall refrain from influencing or interfering with the Child's relationship and communication with her school counselor. Both parties shall be entitled to contact the school counselor to request guidance on issues regarding the Child. 13. The Father shall be entitled to have liberal telephone contact with the Child at reasonable times. 14. The Mother shall be responsible to provide all transportation for exchanges of custody under this Order. 15. Neither party shall do or say anything which may estrange the Child from the other parent, or the other parties family members, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 16. This Order is entered pursuant to an agreement ofthe parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order)Y- tual consent. In the absence of mutual consent, the terms of this Order shall control. . . / / Edgar B. Bayley 1. cc: Paul Orr, Esquire - Counsel for Father ~~,0' >~ \ ~. /0, ,)"/-0-3 '-iiiiJ.~"" I '~I, 1 T' '1 ~, ~~ - - ,-=," '" >- ..::r ~ .~ c:;, ~9 :lC. 8! -g ~'~ Q.. ~I ,~---, r:!: ro uF~~. N :c _i,.. I- t.\j it :1"" (..:' co. j-" c a u_ ."$'") 0 ,(.~:J r~~1I!!I PM! ,~ '0' ,.P ',""""" .,' c'r"'''''''IIrIIHiTin[ .. r.'lfi1l~jij'C1'iJl i ,; 1,~''''!'I'~:I'l!F< ., ~",Sl/ll~~ . ~""~9"'~'~__!~"""""'~~~'" ,~~~,V",''j,""",,r''!'.o'!{,;'"''-'''"'--''' ,,','" -''\'!;i;:'W''!~1fWl4'~~!1!rn.#!1!jt''Jf.'~~~1l~,i!fHI':m!j!JiHII~~_~f~ii'' ~" ~=.' "~~~ 'H LOUIS A. ULRICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2355 CNIL ACTION LAW MARTHA A. BRUBAKER, f/kIa MARTHA A. ULRICH Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 Crystal Rose Ulrich May 17, 1993 Mother 2. A Conciliation Conference was held on October 22, 2003, with the following individuals in attendance: The Father, Louis A. Ulrich, with his counsel, Paul B. Orr, Esquire, and the Mother, Martha A. Brubaker, (formerly Ulrich) with her counsel, Harry M. Baturin, Esquire. 3. The parties agreed to entry of an Order in the form as attached which, in part, also reflects the recommendations ofthe conciliator. Date OcJrJIx1 ,;)3, d-oD3 . Dag~ Custody Conciliator l "~'\;l~lllli.! ,!;l!:1A~>4~~~, ,..., "r~, " ~, """,..""" 11,'1 ~~ " ~ T