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HomeMy WebLinkAbout01-04130 LEON M. OBERDICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLEY M. OBERDICK DEFENDANT 01-4130 CIVIL ACTION LAW . 1N CUSTODY ORDER OF COURT AND NOW, Thursday, July 12, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 15, 2001 at 1:30 p.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at 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: /s/ Jacqueline M. Verne, Esq. /fl 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 ~~~ ~~ ~ ~~~ ~~ l~~ ~~~~ ~~~ 7~v ~ ~ ~~ ~ i~~ ~,~~ ^di~ ~ l '" , :_- ~o ~; ;; '.:,' ;i _ ti LEON M. OBERDICK vs. KELLEY M. OBERDICK Plaintiff Defendant a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- 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 the conciliator, at on the day of 2__, at .m., for aPre-Heazing 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 famish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliator 48 hours prior to the scheduled hearing. FOR THE COURT, by: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heazing. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ti LEON M. OBERDICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. O/- ~/3D lf1r~C ~-~'-' KELLEY M.OBERDICK Defendant CIVIL ACTION -- CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, LEON M. OBERDICK, by his attorney, Timothy J. Colgan, Esq., and files the following Petition: 1. The Plaintiff is LEON M. OBERDICK, who resides at 25 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania since 1993. 2. The Defendant is Kelley M. Oberdick, who resides at 5 Pocono Drive, Mechanicsburg, Pennsylvania since December 2000. 3. Plaintiff and Defendant aze the natural patents of one minor child, Casey L. Oberdick, D.O.B. 01/17/01. 4. The child was not born out of wedlock. 5. Prior to December 2000, the child resided with the father and the mother at 25 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania. 6. There aze no court orders establishing custody or visitation. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested herein. 10. Kelley M. Oberdick has advised Leon M. Oberdick that she intends to remove the child from the Corrunonwealth of Pennsylvania on or about August 26, 2001 and move permanently to Arizona or New Mexico. 11. Leon Oberdick will no longer enjoy the substantial relationship with his daughter that he has enjoyed since her birth. 12. Given the age of the child and the potential distance between the parties, a continued meaningful relationship between father and daughter and a reasonable schedule of visitation is not possible. 13. Kelley Oberdick has stated that once she moves to Arizona or New Mexico she doesn't intend to work and, therefore, her motivation for the move is not driven by an employment opportunity. 14. Kelley Oberdick does not have family in Arizona or New Mexico. 15. Kelley Oberdick's family is in the Commonwealth of Pennsylvania. ] 6. Leon Oberdick's family is in the Commonwealth of Pennsylvania. 17. The minor child has developed meaningful relationships with members of Leon Oberdick's family including his 86 year old grandfather and his sister. 18. If Casey Oberdick moves with her mother to Arizona or New Mexico, it will not be possible to continue those relationships in a meaningful way. 19. For all of the above reasons, It is in the best interest of Casey Oberdick to remain in Pennsylvania with her father. WHEREFORE, Plaintiffrequests the Court enter an Order granting primary physical custody and shared legal custody of the minor child to Plaintiff. Dated: 6 ZS a/ Respectfully submitted, Timothy J. Col , WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717)432-9666 I.D. #77944 S: ICLIENTSI COLGAMOBERDICKICUST..PET VERIFICATION I, LEON M. OBERDICK, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: , 7 p AUG ~ 6 ZOOM LEON M. OBERDICK, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION -LAW KELLEY M. OBERDICK, N0.2001-4130 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this /~~ day of ~ , 2001, upon consideration of the attached Custody Conciliat' n Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~, of the Cumberland County Court House, on the /D~/ day of ~Q~r,~~p~, ~ , 2001, at g % ~0 o'clock, ~. M., at which time testimony will be taken. For purposes of this Heazing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each parry shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. Pending further Order of Court or agreement of the parties, the following shall be in effect: 3. The Father, Leon M. Oberdick, and the Mother, Kelley, M. Oberdick shall have shared legal custody of Casey L. Oberdick, born January 17, 2000. Each parent shall have an equal right, to be exercised jointly with the other pazent, 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. Mother shall have primary physical custody of the child. 5. Beginning August 16, 2001, Father shall have the following periods of partial physical custody: A. Every Monday and Thursday from after work (approximately 4:30 p.m.) to 7:30 p.m. B. Saturday, August 18, 2001 at 10:00 a.m. to 6:00 p.m. A ~~~~V~~~~S~~~~ J 1 C. Sunday, August 26, 2001 at 10:00 a.m. to 6:00 p.m. D. Labor Day, September 3, 2001 from 4:00 p.m. to 7:30 p.m. E. Saturday, September 8, 2001 at 10:00 a.m. to Sunday, September 9, 2001 at 6:00 p.m. F. Saturday, September 22, 2001 at 10:00 a.m. to Sunday, September 23, 2001 at 6:00 p.m. G. Friday, October 5, 2001 at 4:30 p.m. to Sunday, October 7, 2001 at 6:00 p.m. H. And continuing thereafter on an alternating weekend schedule from Friday at 4:30 p.m. to Sunday at 6:00 p.m. 6. Holidays shall be shared at times agreed by the parties. 7. Father shall be responsible for transportation, unless otherwise agreed by the parties. 8. Neither party shall consume alcoholic beverages while the child is in their custody. 9. In the event that Father requires care for the child for a period of three (3) hours or more during his periods of custody, Father shall make a reasonable effort to provide Mother with an opportunity to provide the care before contacting third party cazegivers. 10. The parties are entitled to reasonable telephone contact with the child or with the other pazent to determine the proper adjustment of the child during this transition period. 11. The parties shall submit themselves and the members of their households to a custody evaluation to be conducted by Dr. Stanley Schneider. Mother shall arrange to pay all costs prior to the evaluation, however ultimate allocation of the charges shall be determined by the Court or agreement of the parties. 12. Neither party shall remove the child from the jurisdiction without prior Order of Court or agreement of the parties. BY THE COURT, Timothy Colgan, Esquire, Counsel for Fathe_ Susan Kadel, Esquire, Counsel for Mother '7'"" .. Hry:. l LEON M. OBERDICK, Plaintiff V. KELLEY M. OBERDICK, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW N0.2001-4130 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Casey L. Oberdick January 17, 2000 Mother 2. A Conciliation Conference was held August 15, 2001 with the following individuals in attendance: Father, Leon M. Oberdick, with his counsel, Timothy Colgan, Esquire; Mother, Kelley M. Oberdick, with her counsel, Susan Kadel, Esquire. 3. Father filed a custody complaint seeking shared legal and primary physical custody of the child after Mother indicated she intended to move to Arizona taking the child with her. Previous to the filing of the complaint and the conciliation conference and from the time the parties separated in December, 2000, Father has had consistent short periods of physical custody of this infant/toddler (two -three hours at a time, several times per week, approximately 20 hours per month). Father has only had one overnight visit, although he indicates that he has asked for more time with the child and overnights, but Mother has denied overnight custody and additional time. Father objects to Mother relocating the child to Arizona. He believes he has developed a strong bond with the child that would be disrupted if the child moves to Arizona. The child's maternal and paternal grandparents, aunts and uncles live in Pennsylvania. There are no relatives living in Arizona. If Mother remains in this jurisdiction, Father is seeking a shared physical custody arrangement. Pending a hearing and a custody evaluation by Dr. Schneider, Father sought a gradual increase in time and overnight custody of the child. 4. Mother seeks shared legal custody and primary physical custody of the child and desires to move to Arizona. Mother asserts Father's lack of interest in the child since the parents separated. She has been the primary caregiver of the child since birth. She believes that the status quo should continue pending a hearing and/or custody evahation. She maintains that the child has a difficult time sleeping and her schedule will be greatly disrupted if Father receives overnight custody. Mother also believes that increased custody by Father will be traumatic for the child. Mother has concerns about Father's drinking habits. Mother suggested a custody evaluation and agreed to pay the costs until the court determines the proper allocation thereof. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and allowing Father a gradual increase in physical custody pending a hearing. It is expected that a hearing will require one day. ~~IS o ~ ~.V Date cqu ine M. Verney, Esluire Custody Conciliator m S fn k.J ~ A !A FS. l ~ CD j ; ~:x '~~ 'DDn E. D ~ m ~' m ° ~~ - w w ~. m ~.- ~ ~ C Z ~: ~~~mC $~. r~ ~_ m~ mca pmO ~Z a a + -i -n 9~~" ~o ~' ~ ~ :,~:. +w m O F H fll W y _ '.~~ m H O ~ " a O CA CAD O Z nm Q ~O N~ r= m~ Dc rn m ~N "n m m -d 0 O O ~ S D ~ O d 3 z• o~ I V~ ~ lid j m ~ ~ j " V 0 H D v ~ m : 1F. ,. ~~~ 1 ~ 2001 LEON M. OBERDICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION -LAW KELLEY M. OBERDICK, N0.2001-4130 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19 ~" day of 2001, upon consideration of the attached Custody Concilia on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~, of the Cumberland County Court House, on the /o `% day of ©c:~Zw , 2001, at q:3 ~ o'clock, A .. M.; at which. time testimony will betaken. For purposes of this Hearing, the Father shall be deemed to be the moving party' and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a llst of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. -These Memoranda shall be filed at least ten days prior to the Heazing date. 2. Pending further Order of Court or agreement of the parties, the following shall be in effect: 3. The Father, Leon M. Oberdick, and the Mother, Kelley, M. Oberdick shall have shazed legal custody of Casey L. Oberdick, born January 17, 2000. 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. 4. Mother shall have primary physical custody of the child. 5. Beginning August 16, 2001, Father shall have the following periods of partial physical custody: A. Every Monday and Thursday from after work (approximately 4:30 p.m.) to Z30 p,m. B. Saturday, August 18, 2001 at 10:00 a.m. to 6:00 p.m. r- C. Sunday, August 26, 2001 at 10:00 a.m. to 6:00 p.m. D. Labor Day, September 3, 2001 from 4:00 p.m. to 7:30 p.m. E. Saturday, September 8, 2001 at 10:00 a.m. to Sunday, September 9, 2001 at 6:00 p.m. F. Saturday, September 22, 2001 at 10:00 a.m. to Sunday, September 23, 2001 at 6:00 p.m. G. Friday, October 5, 2001 at 4:30 p.m. to Sunday, October 7, 2001 at 6:00 p.m. H. And continuing thereafter on an alternating weekend schedule from Friday at 4:30 p.m. to Sunday at 6:00 p.m. 6. Holidays shall be shared at times agreed by the parties. 7. Father shall be responsible for transportation, unless otherwise agreed by the parties. 8. Neither parry shall consume alcoholic beverages while the child is in their custody. 9. In the event that Father requires care for the child for a period of three (3) hours or more during his periods of custody, Father shall make a reasonable effort to provide Mother with an opportunity to provide the care before contacting third party caregivers. 10. The parties are entitled to reasonable telephone contact with the child or with the other parent to determine the proper adjustment of the child during this transition period. 11. The parties shall submit themselves and the members of their households to a custody evaluation to be conducted by Dr. Stanley Schneider. Mother shall arrange to pay all costs prior to the evaluation, however ultimate allocation of the charges shall be determined by the Court or agreement of the parties. 12. Neither party shall remove the child from the jurisdiction without prior Order of Court or agreement of the parties. BY THE COURT, /s/ ~tax.k. Q /~ J. Timothy Colgan, Esquire, Counsel for Father Susan Kadel, Esquire, Counsel for Mother TF$4,lE C®PY FFdQ!-/I RAC®~U ~n ~'estimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This~L.~day of ~ 6.,,, ~ C? `n~,pa . Prothonutartl LEON M. OBERDICK, Plaintiff V. KELLEY M. OBERDICK, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW N0.2001-4130 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH,CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, fhe undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Casey L. Oberdick January 17, 2000 Mother 2. A Conciliation Conference was held August 15, 2001 with the following individuals in attendance: Father, Leon M. Oberdick, with his counsel, Timothy Colgan, Esquire; Mother, Kelley M. Oberdick, with her counsel, Susan Kadel, Esquire. 3. Father filed a custody complaint seeking shared legal and primary physical custody of the child after Mother indicated she intended to move to Arizona taking the child with her. Previous to the filing of the complaint and the conciliation conference and from the time the parties separated in December, 2000, Father has had consistent short periods of physical custody of this infant/toddler (two three hours at a time, several times per week, approximately 20 hours per month). Father has only had one overnight visit, although he indicates that he has asked for more time with the child and overnights, but Mother has denied overnight custody and additional time. Father objects to Mother relocating the child to Arizona. He believes he has developed a strong bond with the child that would be disrupted if the child moves to Arizona. The child's maternal and paternal grandparents, aunts and uncles live in Pennsylvania. There are no relatives living in Arizona. If Mother remains in this jurisdiction, Father is seeking a shared physical custody arrangement. Pending a hearing and a custody evaluation by Dr. Schneider, Father sought a gradual increase in time and overnight custody of the child. ~~ ~~ ~. . ~ 4. Mother seeks shared legal custody and primary physical custody of the child and desires to move to Arizona. Mother asserts Father's lack of interest in the child since the parents separated. She has been the primary caregiver of the child since birth. She believes that the status quo should continue pending a hearing and/or custody evaluation. She maintains that the child has a difficult time sleeping and her schedule will be greatly disrupted if Father receives overnight custody. Mother also believes that increased custody by Father will be traumatic for the child. Mother has concerns about Father's drinking habits. Mother suggested a custody evaluation and agreed to pay the costs until the court determines the proper allocation thereof. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and allowing Father a gradual increase in physical custody pending a hearing. It is expected that a hearing will require one day. S-~S ro / Date ~. ~ ~ V . cqu ine M. Verney, Esgmre Custody Conciliator -,~ LEON M. OBERDICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4130 CIVIL CIVIL ACTION -LAW KELLEY M. OBERDICK, Defendant CUSTODY ORDER AND NOW, this ~ ' day of September, 2001, hearing in the above captioned matter set for October 10, 2001, is continued to Thursday, December 13, 2001, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin ~,: Hess, J. Timothy Colgan, Esquire 1 S. Baltimore Street Dillsburg, PA 17019 For the Plaintiff Robert Lieberman, Esquire 500 North Third Street, 12~' Floor Harrisburg, PA 17101 For the Defendant U /~ :rlm 01 SAP -' P~? I ~ 25 ClJt~i~G'Nt.A.i~i~ t~JUNTY PENNSYLVANIA w LEON M. OBERDICK, Plaintiff v. KELLEY M. OBERDICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4130 CIVIL CIVIL ACTION -LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO PROTHONOTARY: Please withdraw the appearance of ROBERT B. LIEBERMAN, Esquire, as attorney for Defendant, KELLEY M. OBERDICK, in the above matter. Dated: ~ Z " I b " O l ~~ ~ ' ~ y-~ Robert B. Lieberman, Esquire 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 Attorney for Defendant PRAECIPE TO ENTER APPEARANCE TO PROTHONOTARY: Please enter the appearance of Cara Boyanowski, Esquire, as attorney for Defendant, KELLEY M. OBERDICK in the above matter. Dated: ~ f~'..-\ 1- k~1 ara A. Boyanowski, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Defendant LEON M. OBERDICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4130 CIVIL CIVIL ACTION -LAW KELLEY M. OBERDICK, Defendant CUSTODY ORDER AND NOW, this Z't° day of January, 2002, it appearing that the undersigned has a scheduling conflict, hearing in the above captioned matter set for February 22, 2002, is continued to Friday, March 22, 2002, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Cazlisle, PA. BY THE COURT, Timothy Colgan, Esquire 1 S. Baltimore Street Dillsburg, PA 17019 For the Plaintiff Robert Lieberman, Esquire 500 North Third Street, 12~' Floor Harrisburg, PA 17101 For the Defendant l-03•~~ :rlm \f,~ f1t-A'~ tt1-~J'J-. ~i«.i~(~,,. ^~ , J ~(~ ' ~1vj ~ i Ro13~rr B. LIZ:BE1tMAly ATTORNEY AT LAW Five Hundred North Third Street Twelfth Floor P. O. Box 1004 Harrisburg, Pennsylvania 17108.1004 (717)236.1485 FAX (717) 2367777 January 8, 2002 The Honorable Kevin A. Hess COURT OF COMMON PLEAS OF CUMBERLAND COUNTY One Courthouse Square Carlisle, PA 17013 In re: Oberdick v. Oberdick No. 2001-4130 Dear Judge Hess: I received the enclosed Order last week in connection with the above case. File No. 1861-1 I withdrew my appeazance on behalf of the Defendant, Kelley M. Oberdick, on December 14, 2001. Cara A. Boyanowski, Esquire, entered her appearance on behalf of Ms. Oberdick. A copy of the praecipe is enclosed for your file. By copy of this letter, I have advised Ms. Boyanowski of the new date for the Oberdick hearing as per your Order dated January 2, 2002. Thank you very much. Very truly yours, Robert B. Lieberman e ~: 6' ~J' i`ir'~~,- - l -„~ ~~ , `~ Ei9 .~ F,,; , r.: }: ,,,_ RBL/drg Enclosure. cc: Cara A. Boyanowski e^• LEON M. OBERDICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,'PENNSYLVANIA vs. 01-4130 CIVIL CIVIL ACTION -LAW KELLEY M. OBERDICK, Defendant CUSTODY ORDER AND NOW, this Z "_d day of January, 2002, it appearing that the undersigned has a scheduling conflict, hearing in the above captioned matter set for February 22, 2002, is continued to Friday, March 22, 2002, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Cazlisle, PA. BY THE COURT, Timothy Colgan, Esquire 1 S. Baltimore Street Dillsburg, PA 17019 For the Plaintiff Robert Lieberman, Esquire 500 North Third Street, 12`h Floor Harrisburg, PA 17101 For the Defendant :rlm Kevi A. Hess, J. in F~~t .e~60Ft~ °rr'F15~vu ~T$, e '~ ~a~ ~>" s`~~,$ EY9j~' h~n4~ c~3?tl $h9 _~1 6a~ i`~z x,~~saaly, ~i~. rhos 3,~ _ d~~ ,~- ~ a~ .~ ~s~ ,Peot noh noh Gtar~ 'JI3ik~dt-~:. _ ~tMFS,~sk a. a.. ~rse~~~tr4..{a..; FLL.~ + ~ .: _.,.r .,. ,.... i..T qua a~ubax~~'.s~~x ,a ~Fna': .:isa yd-w.,n ~v3~a ••-•~•••__ ~ •'~+~"tz'ibi6° d j -.y ~1 ~- h J =1 - _ ~ ~`'~ ~, _~ ~)~ t ~ L. ~. ] ib?-. a u I'.. } ~.. _'...__ _ ~ ~ _ r'fi. ( .) ~~ 9 :~ r` LEON M. OBERDICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : 01-4130 CIVIL ~ =- .. :CIVIL ACTION-LAW -;,;~.-, KELLEY M. OBERDICK, '~' ~ ~ • `-' ';` - Defendant :CUSTODY ~~~~= -~ ' ~_ : r C: c, _.. -i c: " .. -- ~ PRAECIPE TO WITHDRAW APPEARANCE =~ ~~ _. TO PROTHONOTARY: Please withdraw the appearance of ROBERT B. LIEBERMAN, Esquire, as attorney for Defendant, KELLEY M. OBERDICK, in the above matter. Dated: ~ Z ' I 0 - o / Robert B. Lieberman, Esquire S00 North Third Street, 12'~ Floor P.O. Box 1004 Harrisburg, PA 17108-]004 Attorney for Defendant PRAECIPE TO ENTER APPEARANCE TO PROTHONOTARY: Please enter the appearance of Caza Boyanowski, Esquire, as attorney for Defendant, KELLEY M. OBERDICK in the above matter. Dated: 1~,-1 l -l;, ~~. ~~~+ aza A. Boyanowski, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Defendant LEON M. OBERDICK Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 2001-4130 CIVIL TERM KELLEY M.OBERDICK Defendant IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~ ~ day of q~,„7 2002, upon consideration of the foregoing Stipulation and on motion of Timothy J. Colgan, Esquire, counsel for Plaintiff, Leon M. Oberdick, and Defendant, Kelley M. Oberdick, pro se, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation dated March 21, 2002 are adopted as an Order of Court as if set forth herein at Length. BY THE COURT, J. bR, ~i~`f~SNN~v EU :~11!~`~ ~- ~:~~ ~0 W~Ci.± ~C-rjJJ . MflR 21 2002 1:07PM WILEY LEMOX COLGRM & MRRZ 7174320426 p.3 LEON M. Plaintiff vs. KELLEY M. OBERDICK Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 2001-4130 CIVIL TERM IN CUSTODY STIPULATION OF THE P RTiF THIS ACrREEMENT is made this ~ day of ~/~'~"`~'l~ 2002 by and between Leon M. Oberdick, (hereinafter referred to as Father) and Kelley M. Oberdick, (hereinafter referred to as Mother). WJTNE5SETH WHE1tEA5, the patties are the parents of one j 1) minor child, Casey L. Oberdick, bom January 17, 2000; and WHEREAS, the parties have been operating under a temporary Order £or Custody dated August 17, 2001 issued by the Honorable Kevin A. Hess of the Court of Common Pleas of Cumberland County; and WJIEREAS, the parties have participated in a complete child custody evaluation performed by Stanley E. Schneider, Ed.D., RC.E.; WHEREAS, the parties believe it is in the best interests of the minor child to resolve matters concerning the custody and visitafion of the minor child in lieu of a hearing on the matter; MflR 21 2002 1:07PN WILEY LENOX COLGRN & NRRZ 7174320426 p.4 NOW THEREFORE, the parties intending to be legally bound, do agree as follows: The Father, Leon P. Oberdick, and the Mother, Kelley M. Oberdick, shall have shared legal custody of Casey L. Obex<iick, born January 17, 2000. 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 Iilnited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the child. Beginning March 22, 2002, Father shall have the following periods of partial physical custody: A. Every Monday and Thursday from after work (approximately 4:30 p.m.) to 7:30 p.m. B. Alternating weekends firm Friday at 4:30 p.m. to Sunday at 6:00 p.m, beginning the weekend of March 22-24, 2002. 4. Holidays, which include independence Day, Thanksgiving, Christmas Eve, and Christmas Day, shall be altercated by the parties. Each party shall be have one week of uninterrupted custody in the summee with thirty (30) days written notice to the other party. 6. Father shall be responsible for transportation, unless otherwise agreed by the parties. 7. In the event that Father requires care for the child for a period of three (3) hours or more during his periods of custody, Father shall make a reasonable effort to provide Mother with an opportunity to provide the caze before contacting third party caregivers. MflR 21 2002 1:07PM WILEY LEMOX COLGflM & MRRZ 7174320426 8. The parties aze entitled to reasonable telephone contact with the child or with the other parent to determine the proper adjustment of the chid during this transition period. 9. Neither party shall remove the child from the jurisdiction without prior Order of Gourt or agreement of the parties. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DE•1.IVERED IN THE PRESENCE OF: ,_--- Witness Witness M. 1~~ - ~~~ I~lley M. Oberdick p.5 MRR,21 2002 1:07PM WILEY LENOX COLGRN 8. MRRZ 7174320426 P.6 COMMONWEALTH OF PENNSYLVANIA /~ : ss COUNTY OF ~~2~~, On this, th~~day of /i~~7~%GCiTi , 2002, before me, a notary public, personally appeared Leon Oberdlck, known to the or satisfactorily proven to be the whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained WITNESS, my hand and notarial seal the day and year aforesaid ~, "i ~~ j~~0~ NOT Y PUBLIC My Commission Expires: /- S - ~Q 6 COMMONWEALTH OF PENNSYLVANLA S5 COUNTY OF .(.('~ On this, th~1'~day of ~~~~~;vr^-i" , 2002, before me, a notary public, Personally appeared Kelley Oberdick, known to me or satisfactorily proven to be the whose name is subscn`bcd !b the within document and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTe(RX PUBLIC ~ // My Commission Expires: a~J o~h LEON M. OBERDICK IN 'PHE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLEY M.OBERDICK DEFENDANT • 01-4130 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Mouday, August 25, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respecfive counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 18, 2003 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ J~ueline M. Vernev. Esq. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ur ~irr~;n~~ sn~r~~ ~r~~ 3v;y;Cr U3 [:~ ~. AU ~ 0 2003 LEON M. OBERDICK, v. KELLEY M. OBERDICK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4130 CIVIL ACTION -- LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached petifion, it is hereby directed that the parties and their respective counsel appear before the conciliator, at onthe day of. 2003, at ~ m., for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Absent a special request and prior arrangements with the conciliator, children are discouraged from attending the conciliation conference. Failure to appear at the conference may provide Bounds 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 at least 48 hours prior to the scheduled conference. FOR THE COURT, by: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heazing. 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 LAWYER REFERRAL SERVICE 2 LDiERTY AVENUE CARLISLE, PA 17013 (717)249-3166 LEON M. OBERDICK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-4130 KELLEY M. OBERDICK, CIVIL ACTION -- LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this ~ ~~ day of AVgVSf , 2003, comes the ~- Plaintiff, Leon M. Oberdick, by and through his attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Mazzzacco, P.C., and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: The Petition of Leon M. Oberdick, Petitioner herein, respectfully represents that on August 24, 2002, an Order of Court was entered for custody regazding Casey L. Oberdick, date of birth January 17, 2000, a true and correct copy of which is attached hereto and marked as Exhibit A. 2. The August 24, 2002 Order adopts a stipulation of the parties dated August 2, 2002 (hereinafter "stipulation"). A copy is attached hereto as Exhibit B. 3. The stipulation awards Defendant primary physical custody of the minor child. 4. The stipulation states that "Neither party shall remove the child from the jurisdiction without prior Order of Court or agreement of the parties." Stipulation Paragraph 10. 5. The Plaintiff was recently advised by the Defendant that she purchased a home in Hummelstown and will be moving by the end of August. 6. Plaintiffl s move is contrary to the Order of August 24, 2002 and will require a change in day caze providers. 7. Furthermore, the move significantly increases the distance between Plaintiff and Defendant's homes. 8. The stipulation calls for Plaintiff to provide all transportation. 9. This Order should be modified because it is believed and therefore averred that the current arrangements for transportation are no longer workable. 10. Furthermore, Plaintiff wants the opportunity to participate in the selection of the new day care provider. WHEREFORE, Plaintiff respectfully requests that the Court modify the existing Order for custody and Order that the parties share transportation for Plainfiffls periods of partial physical custody. Furthermore, the Plaintiff requests that the Court Order that he be allowed to participate in the selection of a new day care provider for the minor child. Date: ~' ~3'd3 Respectfully submitted, Timothy J. C g~ WII,EY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 t VERIFICATION I, Leon M. Oberdick, verify that.the statements made in the foregoing Petition for Modification of Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, rela~tag-tqunsworn falsification to authorities. Date: Leon M. Oberdick Plaintiff =~ ('~ ~3^~, 7v ~ ~ ~ ~_, ~, ~ ~= - V rf= ~ c ;a ;_, `-i, LEON M. OBERDICK Plaintiff vs. KELLY M. OBERDICK Defendant ss. .AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK I HEREBY CERTIFY that before me, the undersigned authority, a Notary Public in and for the Commonwealth of Pennsylvania, County of York, aforesaid, personally appeared Edgar J. Siptroth, Jr., who made oath in due form of law that on the ~l'~ day of ~ r~ , 2003, at ~ r. ~~ o'clock ~.M., he personally served a true and correct copy of the letter dated September 8, 2003 and addressed to Kelly M. Oberdick advising her that the Custody Conciliation Conference in the above-captioned matter has been rescheduled until Thursday, September 23, 2003, a certified copy of the original Order of Court scheduling a Custody Conciliation on Thursday, September 18, 2003 and Petition for Modification of Custody dated August 13, 2003 upon the Defendant, Kelly M. Oberdick, at her Swom to an subscribed before me on this ay of ~~-' Notary Publi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE No. 01-4130 CIVIL TERM Edgar J. S' oth, Jr. Notarial Seal S. Dawn Gladfetler, Notary Public Dillsburg Boro, York County 2005 My Commission Expires P.1ay 17, t enns VvaniaAssociationofNotaries Memoer,' Y ~O ~'}'J ~i , at the following address: C> ~ C_ ~ C~ rr"r'`. .~ - "fJ `t _ ~ rr iJ -- -r f -_ .%: : y' ;~~~ , :. ':~izi _^ Q =`: .~5 , `',, r LEON M. OBERDICK Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 2001-4130 CIVIL TERM KELLEY M. OBERDICK Defendant IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this Z y~ day of Av_~ ..! 2002, upon consideration of the foregoing Stipulation and on motion of Timothy J. Colgan, Esquire, counsel for Plaintiff, Leon M. Oberdick, and Defendant, Kelley M. Oberdick, pro se, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation dated August 2, 2002 are adopted as an Order of Court as if set forth herein at length. C° P~l ~ a~1 ea ~R ~-aL-oa to~ 0.~,. Co9re.~ ~ -rne ~~,~,e.,y GRou.~ BY THE COURT, ~~~ J. ~INHtt'3,1S~1N~d I.ERi~iC~' !~~~H"~~F~W!1~ i ~ ~8 ~~ 9Z ~fl~ ZO kElh'1fJN0~-xi,~d tai ~0 3~I~~it-Cl~ll.~ .,. LEON M. OBERDICK vs. KELLEY M. OBERDICK Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 2001-4130 CIVIL TERM IN CUSTODY STIPULATION OF THE PARTIES THIS AGREEMENT is made this?udi-day of ~ ~„ ~ 2002 by and between Leon M. Oberdick, (hereinafter referred to as Father) and Kelley M. Oberdick, (hereinafter referred to as Mother). WITNESSETH WHEREAS, the parties are the parents of one (1) minor child, Casey L. Oberdick, born January 17, 2000; and WHEREAS, the parties entered a Stipulation for Custody on March 21, 2002 and an Order adopting the Stipulation of the Parties was entered by the Honorable Kevin A. Hess of the Court of Common Pleas of Cumberland County on Apri18, 2002; WHEREAS, the parties now wish to amend that Stipulation regarding the custody of Casey; NOW THEREFORE, the parties intending to be legally bound, do agree as follows: The instant Stipulation shall replace and make void all previous Stipulations entered by the parties. 2. The Father, Leon P. Oberdick, and the Mother, Kelley M. Oberdick, shall have shared legal custody of Casey L. Oberdick, born January 17, 2000. 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. Mother shall have primary physical custody of the child. 4. Beginning August 12, 2002, Father shall have the following periods of partial physical custody: A. Every Monday and Thursday from after work (approximately 4:30 p.m.) to 7:30 p.m. B. Alternating weekends from Friday at 4:30 p.m. to Sunday at 6:00 p.m., beginning the weekend of August 23, 2002 through August 25, 2002. 5. Holidays, which include Memorial Day, Independence Day, Thanksgiving, Christmas Eve, and Christmas Day, shall be alternated by the parties. Father shall have Thanksgiving 2002 and the holidays will alternate thereafter. The times for holidays shall be from 9:00 a.m. to 8:00 p.m. If Father's holiday immediately precedes or follows his weekend, Father shall not be required to return the child to Mother but shall be entitled to maintain custody of the child through the conclusion of the holiday or weekend visit. Additionally if Father's holiday follows his Monday or Thursday evening visit, he shall be entitled to maintain custody of the child through the end of his holiday visit. Holiday visits shall supersede the regular schedule of custody. 6. For summer 2002, father shall have three (3) uninterrupted days of custody for summer vacation beginning at 3:00 p.m. on Wednesday, August 7, 2002 and ending on Saturday, August 10, 2002 at 3:00 p.m. Mother shall deliver the child to father at his vacation location for summer 2002. Mother shall also be entitled to three (3) uninterrupted days of custody for summer 2002 with thirty (30) days advance written notice to Father. For summer 2003, the parties shall have four (4) uninterrupted days of custody for summer vacation. The parties shall provide each other with thirty (30) days advance written notice of the dates for their 2003 vacation. For summer 2004, the parties shall have five (5) uninterrupted days of custody for summer vacation. The parties shall provide each other thirty (30) days advance written notice of the dates for their 2004 vacations. For summers 2005 and all years thereafter, the parties shall have one (1) uninterrupted week of custody for summer vacation. The parties shall provide each other thirty (30) days advance written notice of the dates for their vacation. For all summer vacations, if both parties request the same dates, the party first providing written notice shall be entitled to the dates. When on vacation, the non-custodial parent shall be provided with the phone number and the location where the custodial parent is vacationing. The non-custodial parent shall be entitled to reasonable telephone contact with the child while vacationing with the other parent. With proper notification to the other party, the vacation schedule shall supersede the normal schedule of custody. Father shall be responsible for transportation, unless otherwise agreed by the parties. 8. In the event that Father requires care for the child for a period of three (3) hours or more during his periods of custody, Father shall make a reasonable effort to provide Mother with an opportunity to provide the care before contacting third party caregivers. 9. The parties are entitled to reasonable telephone contact with the child. 10. Neither party shall remove the child from the jurisdiction without prior Order of Court or agreement of the parties. IN WITNESS WIIEI2EOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Ke ey M. Oberdick SEP ~ ~; ~_:3 LEON M. OBERDICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW KELLEY M. OBERDICK, : N0.2001-4130 Defendant . IN CUSTODY ORDER OF COURT AND NOW, this 2 S'~ day of Stir~,,..Ga~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 24, 2002 continues in full force and effect with the following modification: 2. Paragraph 7 of the prior Order shall be deleted in its entirety and replaced with the following: Transportation shall be shared such that the receiving party shall transport he Child. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~mothy J. Colgan, Esquire, counsel for Father ~elley M. Oberdick, pro se 604 W. 2"d Street Hummelstown, PA 17036 R~ o9-z~ ~~ ..~ - ~ /~. Kev' A. Hess, J. =y~ , , ~ .. ~ 80 - - - Ws.$tYtsk.$ha.uaae+bt4akR~Y2:+W~.ca a. a:~sa .... _.. ..~ _ :... ~ ~~nu~m~ I5 >~I ~ ~~ d3S £~ ~~`l~~'i ~1~ri..l~V!_ia ,ail 4.. "f\) ~~~~~~~~ Ida LEON M. OBERDICK, Plaintiff V. KELLEY M. OBERDICK, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-4130 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Casey L. Oberdick January 17, 2000 Mother 2. A Conciliation Conference was held September 23, 2003 with the following individuals in attendance: Father, Leon M. Oberdick, with his counsel, Timothy Colgan, Esquire; Mother, Kelley M. Oberdick, pro se. 3. The Honorable Kevin A. Hess previously entered a stipulated ordered dated August 24, 2002, providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends and two evenings per week. At the time of the Order, the parties both lived in Mechanicsburg. Mother recently relocated to Hummelstown, Pennsylvania. In the prior Order, Father was responsible for all transportation. Father is seeking a shared transportation arrangement. 4. The parties agreed to an Order in the form as attached. Q-~3-o3 Date cqu ine M. Verney, Esgmre Custody Conciliator ~l March 2, 2004 Kelley M. Oberdick ~ `~ ~ ~~ ~ "`l 604 West Second Street Hummelstown, PA 17063 717-787-4937 (work) 717-566-4135 (home) Required Renly to Rule to Show Cause I am unable to meet with the lawyer of my choice Theresa Barrett Male until March 25, 2004. You may verify this by contacting her office at telephone number 233-3220. However, I would like to take this opportunity to inform the court that Casey has been continuously enrolled at Grace Christian Child Care since September 2003. (Please see the attached daycare receipts) I informed Mr. Oberdick that Casey would remain enrolled in this daycare. Please see attached email dated February 23, 2004. I am not now nor have I ever been in contempt of any court order. It is my contention that Mr. Oberdick should be ordered to pay my reasonable legal fees since he continues to pursue this issue even after this issue has been resolved. Respectfully, lley M. Oberdick I . , l,rp~+; R~.:~., ~ ~ :~ °eSl~ ~- ~~lld h0~~ nth~`.O~~dC}hL1.ONd CHs ~0 ;~a0-t]311~ Oberdick, Kelley From: Oberdick, Kelley Sent: Tuesday, February 24, 2004 2:56 PM To: Oberdick, Leon; 'gruessgott@comcast.net' Subject: RE: Casey I just want one thing to be made perfectly clear. I do not limit the time Casey spends with her family and I will not have you put limits on the time Casey spends with either your family or mine. You have overstepped yourself if you think you can prevent Casey from seeing her family (yours or mine) when I have custody of her. You will not win in trying to force my daughter to be raised by strangers. Was that not the big point you made against my going out west that she would not have her family and now you intend to have her raised by a daycare. I'm sorry that you think that the only place Casey can have fun is in a daycare. I think she can have just as much fun and be provided more than just a good environment by her loving and caring family (which includes both yours and mine.). -----Original Message----- From: Oberdick, Leon Sent: Tuesday, February 24, 2004 2:35 PM To: Oberdick, Kelley Subject: RE: Casey As far as I am concerned Casey is in the best day care situation she's ever been in based on my experience with her and Grace Ch over the last 5 months. I have no problem with family members taking care of Casey instead of Grace Ch on an infrequent basis (a couple days per month). I do not agree with Casey being taken out of Grace Ch for consecutive days unless it's for illness, family emergency, a weeks summer vacation or another valid reason that I agree to. Casey has friends and is having fun at Grace Ch and I want to promote that. She's 4 and needs kids around to play with. Grace Ch provides a goad environment for her. I expect to be in contact again soon regarding this. -----Original Message----- From: Oberdick, Kelley Sant: Monday, February 23, 2004 9:22 AM To: Oberdidc, Leon; 'guessgott@wmcast.neY Subject: Casey __ .. _ '~nfdll""ed at Grace-Christian Child Care. I am also sending this email to Marion and Bruce to ensure they are aware that they have my permission to take Casey from this daycare and spend time with her at any time! This is not only an invitation but a plea. Patti and Eric and Jennifer are also of course included. You have a wonderful family and 1 want to ensure they know that I highly value there presence in Casey's life. My mother, because she too feels so strongly that this daycare is not good for Casey, will be moving down here to take care of Casey as much as possible. But, unfortunately because of the extensive preparation needed it may not be possible until the fall. If Marion could take care of Casey this summer either part or full time I would consider that ablessing. - Tracking: Recipient Delivery Oberdick, Leon Delivered: 2/24/2004 2:56 PM 'gruessgottQcomcast.net' Grace Christian Child Care 433 E. Main Street Hummelstown, PA 17036 Customer Receipt -Number: 24649 Oberdick, Kelley Casey 604 W. 2nd Street > ~ Hummelstown, PA 17036 Date Payment Type Comment Amount Balance 02/27/04 Payment By Check Ck #3312 -145.00 0.00 Thank you for your payment! Grace Christian Child Care's Federal ID# is 25-1691981 Grace Christian Child Care 433 E. Main Street Hummelstown, PA 17036 Customer Receipt -Number: 24600 Oberdick, Kelley Casey 604 W. 2nd Street sc Hummelstown, PA 17036 Date Payment Type Comment Amount Balance 02/23/04 Payment By Check Ck #3977 -145.00 0.00 Thank you for your payment! Grace Christian Child Care's Federal ID# is 25-1691981 _- maw: 02/19/04 433 E. Main Street Hummelstown, PA 17036 Customer statement from 01/41/04 to 02/19/44 Kelley Oberdick Casey Oberdfck 804 X11. 2nd Street Hur»nrelsfown, PA 17Q38 Date Description Comment Charges Credits Balance 01/01/09 Balance Forward O.OD 0.00 5.00 01!02104 Tuition_ Wk. of 1(5-9 145.00 0.00 150.00 01107(09 Payment By Check Ck #3302 0.00 -145.00 S.OD 01/09/04 Tuition Wk. of 1/12-16 145.00 0.00 150.00 01/13/09 Payment By Cash 0.00 -5.00 145.00 01/13/09 Payment By Check Ck #3951 0.00 -195.D0 0.00 01116104 Tuition Wk. of 1/19-23 145.00 0.00 145.00 01/19/04 Payment By Check Ck #3957 0.00 -145.00 0.00 01!23{04 Tuition Wk. of 1/26-30 145.00 0.00 145.00 01!23/04 Payment By Check Ck #3962 0.00 -145.00 0.00 01!30(04 Tuition Wk. of 2/2-6 145.00 O.OD 145.00 01/30/04 Payment By~ Check Ck #3966 0.00 -145.00 0.60 02/06/04 Tuition Wk. of 219-13 145.00 0.00 145.00 02l06j09 Payment Hy Check Ck @3973 0.00 -145.00 0.00 02!13/04 Tuition Wk. of 2/16-20 145.00 0.00 195.00 02/13/04 Payment By Check Ck #3975 0.00 -145.00 O.OD Page: 1 Please confacf the Bookkeeper if (here is a discrepancy. Thank yo~ Grace Christian Child Gare's Federal ID# is 25-9 69 7 98 9 LEON M. OBERDICK, (IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KELLEY M. OBERDICK, Defendant 2001-4130 CIVIL ACTION -LAW IN CUSTODY RULE TO SHOW ('A TSF AND NOW, this a`~~day of F , 2004, upon Leon M. Oberdick's Petition for Special Relief, a Rule is issued upon the DefendantlRespondent, Kelley M. Oberdick, to show cause, if any she has, why the relief requested by Plaintiff/Petitioner should not be granted. Rule returnable within / y days the date of this Order. BY C J. LEON M. OBERDICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-4130 KELLEY M. OBERDICK, CIVIL ACTION -LAW Defendant IN CUSTODY RULE TO SHOW CAUSE AND NOW, this a~~day of F 2004, upon Leon M. Oberdick's Petition for Special Relief, a Rule is issued upon the Defendant/Respondent, Kelley M. Oberdick, to show cause, if any she has, why the relief requested by Plaintiff/Petitioner should not be granted. Rule returnable within ~ y days the date of this Order. BY C J. o~= ~4~'~n,_ ''i 1j r~,1 ~;, 'ry J ~~ ~~~~flul7 /,~.7fj r ~,- t~p 1,4,,,:~ I)~~~~'~f ?~ ,_~ 02/24/04 TUE 15:46 FAX 2406460 CUMB/COUNTY COURTS f~j001 r.l **~**********:x*~***** ***~ TX REPORT **~ TRANSMISSION OK TX/RX NO 2962 CONNECTION TEL 94320426 CONNECTION ID The Wiley Group ST. TIME 02/24 15:45 USAGE T 01'04 PGS. SENT 1 RESULT OK LEON M. OBERDICK, v. KELLEY M. OBE]RDICK, IN TI1E COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PIENNSYLVAN7A 2001-4130 CIV1I. ACTION -- LAW Defendant IPT CUSTODY RULE TO STIOrJV CAUSE ANA NOW, this a~~day of r~~ , 2004, upon Leon M, Oberdick's Petition for Special Relief, a Rule is issued upon the Defendant/Respondent, Kelley M. Oberdick, to show cause, if any she has, why the relief requested by Plaintiff/Petitionershoind not be granted. ~~ Rule returnable within / V days the date of this Order. BY C LEON M. OBERDICK, I IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KELLEY M. OBERDICK, 2001-4130 CIVIL ACTION -LAW IN CUSTODY Defendant ORDER AND NOW this day of Special Relief of Leon M. Oberdick: 2004, upon the Petition for a. The Defendant/Respondent, Kelley M. Oberdick, is permanently enjoined from removing the child from the Grace Christian Day Care Center without a written agreement of the parties or further Order of Court; b. The Defendant/Respondent pay reasonable attorney's fees on behalf of Mr. Oberdick in the amount of BY TflE COURT: J. LEON M. OBERDICK, Plaintiff v. KELLEY M. OBERDICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4130 CIVIL ACTION -- LAW IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa RCP 19 513 r+el. L AND NOW, this ~ day of f utiW~. 2004, comes the Plaintiff/Petitioner, Leon M. Oberdick, by and through his attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petifion for Special Relief, and in support thereof, avers as follows: 1. Leon M. Oberdick, Petitioner herein, is the natural father of Casey L. Oberdick, date of birth January 17, 2000. 2. Kelley M. Oberdick, hereinafter Defendant/Respondent, is the natural mother of Casey L. Oberdick. 3. The parties share legal custody of the minor child and Defendant/Respondent is the primary physical custodian with Mr. Oberdick having periods of partial physical custody per an Order of Court dated September 25, 2003 entered by the Honorable Kevin A. Hess. 4. On January 30, 2004, Mr. Oberdick received an E-mail from the Defendant/Respondent wherein she advised Mr. Oberdick that she had unilaterally determined that their child should no longer attend her current day care (Grace Christian Day Caze Center in Hummelstown) and that she had given her four weeks notice to the day care provider. A copy of that E-mail is attached as Exhibit A. 5. Mr. Oberdick indicated in a reply E-mail that he was opposed to the change. 6. On February 19, 2004, Kelley Oberdick spoke to the duector of the day care center, Christine Keim, and told her that even though her four week notice period had not expired, that February 19, 2004 would be Casey's last day at the center. Ms. Oberdick later called a second time and indicated that she changed her mind and would honor the balance of the four week notice period (ending on Friday, February 26, 2004). Kelley Oberdick notified Mr. Oberdick on February 2Q, 2004 that February 20, 2004 is Casey's last day at Grace Christian Day Care and that he can pick Casey up at the new day care center on Monday. See copy of Kelley Oberdick's E-mail of 12:30 p.m. on February 20, 2004 attached as Exhibit B. 8. The E-mail of February 20, 2004 was Mr. Oberdick's first notice of who the proposed day care provider is. 9. Mr. Oberdick has had no opportunity to visit the center. 10. Mr. Oberdick has had no opportunity to check references regarding the center. 11. Mr. Oberdick has simply been advised that he can pick his daughter up at the new center on Monday afternoon. 12. Mr. Oberdick believes and therefore avers that Casey is doing well at her cun~ent day care center based upon reports received from the teachers and director of the center. See progress report from the Grace Christian attached as Exhibit C. 13. Ms. Keim has advised Mr. Oberdick that Casey has made significant progress at the center since her enrollment there. 14. Her progress includes development of self help skills and emotional skills that she lacked when she enrolled. 15. Ms. Keim is not aware of any problems that Casey has encountered at the day care center with any teachers or any other children. 16. Ms. Keim has received no complaints from Kelley Oberdick. 17. The day caze center has a waiting list for spots at the center. 18. Based upon the Defendant/Respondent'snotification, the center has already arranged for another child to take Casey's place at the center. 19. Ms. Keim has indicated that a change in day care settings can be very difficult for a child in that the child will have to adapt to a new environment with new teachers and new classmates. 20. Mrs. Oberdick has previously made unilateral decisions regazding the minor child including a decision to move to Arizona with the child in the summer of 2001 resulting in the filing of the initial custody petition in this matter. 21. The parties entered a Stipulation (dated August 2, 2002 and adopted as a Court Order dated August 24, 2002) whereby Kelley Oberdick retained primary physical custody of Casey. The parties stipulated that they would remain in the jurisdiction until further agreement of the parties or Court Order. 22. Despite that agreement, in summer 2003, Kelley Oberdick moved to Hummelstown without consulting with Mr. Oberdick, without the agreement of Mr. Oberdick and without Court Order. 23. Rather than seek a finding of contempt for Defendant/Respondent's breach of the Stipulation and Order of August 24, 2002, Mr. Oberdick petitioned to modify the custody Order. Mr. Oberdick merely wanted to have the transportation provision of the Stipulation amended so that the parties share transportation and to allow Mr. Oberdick to participate in the selection of the new day care provider. 24. Now Mr. Oberdick has been notified by E-mail that Kelley Oberdick has once again unilaterally made a decision regarding legal custody of Casey. 25. Kelley Oberdick's failure to abide by the Court's Orders place her in contempt of the Court's Orders of September 25, 2003 and August 24, 2002 for which Mr. Oberdick will file a separate Petition for Contempt. 26. Furthermore, It is believed and therefore averred that a change in day care centers would not be in the best interests of Casey Oberdick, the minor child. WHEREFORE, Plaintiff respectfully requests that the Court: a. Enjoin the Defendant/Respondent from removing the child from the Grace Christian Day Care Center without a written agreement of the parties or further Order of Court; b. Order that the Defendant/Respondent pay reasonable attorney's fees on behalf of Mr. Oberdick; and c. Awarding such other relief as is reasonable and just. Respectfully submitted, Date: at -•~3~oy ~LLc/l~t._~-~~`~-~ Timothy J. C g q e WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 I.D.#77944 ~> --_-Original Yxessage____ - - ~ - - > Fmm: Oberdick, Leon > Sent: Friday, January 30, 2004 11:32 AM . > Ta: Oberdick, Kelley _ > Subject: RE: Daycare information > Who have you spoken to at the day care? Her teachers, the administrator? Yesterday when I picked C up her teacher was counseling Ella. C said Ella had called her a name, I forget exactly what Ella went off and was crying. C went over to Eila and spoke to her. In two seconds EIIa stood up and they hugged. As we were going out the door Ella and her Mom were behind us. Ella hugged C again and they were fast friends. Whenever I pick C up she is almost always playing with others laughing and having fiat. She is active and seems involved. Do the teachers indicate anything different? > --Original Message--- - ~ -- > Fxom: Oberdick, Kelley > Sent: Friday, January 30, 2004 9:16 AM - - > To: Oberdick, Leon _ - > Subject: ' Daycare information > > I gave Casey's cnit~eni daycare the 30 day notice of withdrawal they require today. Casey is not happy and has asked me numerous times to find her another daycaze and i also think this is not the best for her. She cried yesterday begging not to go to dance class which was one of the positives I thought this daycare offered. I will keep you informed. i = EXHIBIT a s > -----DTigvtal Ivfessage---- ~ Fxom. Oberdick, Kelley > Sent: Friday, February 20, 2004 12:30 PM > To: Oberdick, Leon > Subject: ~ Casey's new daycare > You may pick Casey up at her new daycare an Monday. The address is 407 North Hanover Street in Hershey. Map quest has excellent directions. Its a Iazge two story home with a white picket fence around the cont. Libby Ogden is the daycare provider and her phone number is 717-503-1245. I'm sorry you are not happy with this change but Casey is and she is the one who has to go every day. > - EXHIBIT ~ 8 FROM Grace Church PHONE N0. 717 566 4232 FEB. 20 2004 12:07PM P3 Irvaluation Comments...Casey Oberdick February 2004 Since October of 2Q03, when Casey's first evalua#ion was completed, Miss Deb and T have noticed progress in a number of areas. Verbally, Casey has become more open...asking more questions, coming to the teachers for help when needed, and expressing her feelings to peers and friends in the classroom. We're still working on resolving conflicts with "words" but Casey is definatly making progress! For being only a very young flour year old, Casey can hold her awn with even the 5 year olds in the room! Casey has made many friends. She prefers to play w'sth the girls, although from time to time, she does engage in play with the boys on the playground. We can usually find Casey playing in the music area...where she likes to sing along with cd's into a microphone and put on a "show." Or, she may be in the.quiet area looking at books or even "reading" to a friend. Dramatic play is a favorite. She enjoys the grocery stare we have set up currently, and pretends to shop and then "go home" and cook up dinner! We are very pleased with the progress she has made in her writing abilities and with following direcfiions. She can now write her first name on her own, can recognize most #'s and an increasing amount of letters in the alphabet! She's fiaken an infierest in drawing, and will frequently use the art area and make pictures or use stencils. She's proud of what she makes and is always ready to present her latest accomplishment to the teacher and say "1~ook what I made!" EXHIBIT G E 3 FROM : Grace Church PHONE N0. 717 566 4232 FEB. 20 2004 12:08PM P4 Casey is usually happy and ready to play upon arrival! She seems cotttent here in the Sunshine Corner room, and always enjoys her day and the activities we do. She is comfortable with her teachers and the fr"sends she has made. Upon pick-up, Casey usually prefers to stay with friends, then to go home! Sometimes, it can take quite a bit of coaxing from her parent! We are very pleased to have Casey in Sunshine Corner this year. She adds a special touch to the group. As long as Casey is in our care, we will continue to love and care for her and let her know thafi she is a Special child of God. In Christ, LeAnn Burgard and Deb Fischer-Sunshine Corner Teachers FROM Grace Church ~ PHONE N0. 717 566 4232 ~`• Pho vre.. :~~ C-on-~ t_ r e n c -e.. °'1 'wv.. I 114-J ~~' t U~b ) Sunshine Corner's Developmental Assessment ra~r~' ~1~"SOCIAL SKILLS AND BEHAVIORS 0.~~ /~'orinn FEB. 20 2004 12:04PM P2 ~ LC~24~3 C:uSC ~'S 'V@~b41 t~uzS 1'>.U.v ~: CC•nC. C"11iy~ Lf`:2t '#"WPSr'- 1Ci ~'I "fC v1%~'r1fYt~+l~t 1" Child communicates Ideas and feelings to adults/teachers. ~•, r„nett tx~~~Y w.+-. 2. Child communicates ideas and feelings to other children. ;.,. -i hs,i S ~,r, cc. C..[t6e'/ 3. Child plays in a cooperative manner with other children. a ` "' ~ "` ~ 4. Child shares toys and materials during structured activities" 5. Child shares/takes turns and respects the rights of others. (Fx. PIayS beside other children without taking their toys. Allows others to f"tnish their turns instead of crying or trying pull toy away} b. Child puts away toys and materials that he or she played with. of~~ ~^'~c;bt~f"• 7. Child asks questions when he or she wants to know more, or doesn't ' understnnd what is being asked. 8. Child speaks in four fio six word sentences that are intelligible and understandable: ?~ Child solves problems with peers using compromise and discussion. (Ex.c~ Trades one toy for another, asks teacher for help when dealing with . ~_ , others who are less able to resolve a conflict.) ~~~ ~~ A~~n word.e w+-~ h 10. Child is not aggressive with peers or teachers. ~'~i ~r'ds'~ .M~ r~f>-!- eis.=a 't'~ ~e l..-~YdL• e' ~attl ~r~tc.:rcto:~e G::sr~~ ">z~ ~'att< cs. Gc~:~+il'ci ~~~~ ~nstzau SCH~OI~M~S'~C[}L~1~c/~-ND~Et~AV10~S~ na ~~.y f i. Child is able to walk in line for various activities. 2. Child sits down in a group of children and listens to stories•,G~.~~ ty ~d+c-4-~-acfrrl 3. Child follows one_~two,~„~three 'part directions.' 4. Child knows~~<~.repeats~and obeys ~._~basic group rules for the classroom, school, and church. ' 5. Child engages in and shows persistence in tasks and pro jeets. (works for :~~c n a sustained eriod of time, sometimes leavin and returni "^"Pra''~''"~'~"t b. Child participates in group discussions. ors: ~ •, 7.. Child works independently on task, or project without disturbing others seated nearby. ~ee.~5 .c3 ~re.C~l-i~~^ - . 8. Transitions are made smoothly from one activity to another. ~,,.. FROM Grace Church PHONE N0. :717 566 4232 FEB. 20 2004 12:04PM P3 'y.. `. CQGNITIVE SKIL.hS 5tcrrS "YG Giei~G Yli i r> C`lGi ,w~ 5u p.(-~~ ~ ; j i. Child knows and sins several childre~i's songs/finger plays and rhymes. ~; ti 14 arm t n~ ^~rhr= .~ ox~S -~'k`~S -fio s< n~a ~, i o r-.~ t 2. Child uses books approprintely--carries them, turns pages, and returns them to the bookshelf. 3. Child composes a story, letter, or song. (Ex." tells a story" to go with a picture. Invents series ar related actions/episodes in dramatic play/ or with puppets. Dictates a letter .or story to teacher.) ~ 4, Child makes increasingly representational drnwings (announces that a circle in a paintituj is the sun, puts arms, legs, or.facial features on a person, makes a drawing with several people or objects.) 5. Demonstrates an interest in using writing for a purpose. (Ex. Th .`s Q'^ ~;"~~. Scribbles or dictntes a sign to lnbel something or state a C r 6r y '.r J`~6~ message. Attempts to make a card or write a letter.) ~{.~~ 1c~ . ~f, ~ ~5 L,. 6, Child knows first and last name. n, ~ ~. > v r; tc., G,w e+ r,~ d"r t hCis brcr~r~e ~n+~reslct~ =n . (~alorl~;i7ci ar: ,de.n ~y . ri •4't ~ C'~1 t+2 r'y rit~h~~~ ~._.~ ~.. ~•y '~~#-}°~~~ i .-, f t r6+- r,ci h,~ ____~ 7. Child wri es first name. ~_.; a. r.,.~ .~ ; *.. ~ 'rani t t'l-, h~.tp - .~.. ~ A ~. ..~ ~ . ,. i.,~ 8. Child writes last name.. ~w... ` ,i ..%'~ ~, ~` `'µ": `~ ~ _ -" ~.. 9. Child can name basic colors. -- y~~5,-he~~'cc'i ~ s'~ec~ ~-- ~r°wn 10. Child can name body parts. ~ il. Child can count ~`1~=-;y and objects to ~ -`i `~ 12. Child tan match (i ce letters dens, and numbers, iw`.:,c~ws : -~ ~ 13,Child is~"amil~iar w-t`~~1'~~,bird'~d~o~io'~~ne~~ar~ll~~cl:io~t1~ by sight or memory. ~,rvo.~s : ~ ~ , ~ a : C r• , ~~ d. , =' '/ ~ ___. 14. Child is #amiliar with days or the week, months, holidays and ~ weather. . ____, 15. Child arranges fihings in a series. (Ex, lines up spoons from smallest to Largest. Colors from lightest to darkest, etc...) FROM Grace Church PHONE N0. 717 566 4232 FEB. 20 2004 12:06PM P1 16. Can recall and anticipate a sequence of events (ex, Sing "Happy Birthday", biow out candles, and then eat cake. At school, we play, then clean up, pick jobs, and then go to the bathroom.) 17. Recognizes things that belong together conceptually rather thnn resemblance. (Ex. From a pile of toys, selects food items to ploy grocery store. Points out fish, boat, and duck as things that go in the water.} 1B. Shows awnreness of cause•effect retationships. (Ex. Observes what happens when red paint is added to blue. Notices that i# is harder to pull a wagon with two children in it than with one.) PHYSICAL DEVELOPMENT/iLARCaE MOTOR ~~~ ~' 'i'CR~ t•a~~ 1. Child cnn throw;"catc and kick a ball. ,. 2. Child can run, jump, hop and walk a ba''1an b~~ ~~~"'.1~; ''`~~P ~~~.~ 3. Child can skip or a o~.,~... ,~;~,;; ~~, c,, i•zcr u-c:. 4. Ghild nttempfs somersaults__„lcartwheels. 5. Child can bounce and atch a balL:'° ~c~~~~: N ~.:~~' -'r.~ -#-, mac.. 6. Child can pedal a riding toy (tricycle, bike) FINE MOTOR i. Child uses materials like glue, tape, stapler, markers and crayons appropriately. 2: Child can cut on a strait tine. Cx2c~+- jGi_i ~-'.~ ~h®St 5~"s;sers -r 3. Child can cut on line around a shape. ~` `'"y ` n~° 4. Child copies shapes and attempts to draw own. i5. Child can string beads. ' 6. Child can work puzzles of 12 or mare pieces. SELF-HELP SKILLS 1. Child uses appropriate table manners, such ns sitting in seat, passing food and using silverware. ccAy~h'i~ rim e~~~~~t`f 2. Ghild puts on and takes off coat, shoes, and changes clothing independently. ~ne~u~-a.~~:~` -~ -tr.~ -~r>r ~~-•~~` 3. Child uses tissue when needed and throws it away. ~ .,,,r r w r,, : r,d ~~~ r,~cd~ FROM Grace Church PHONE N0. 717 566 4232 FEB. 28 2004 12:07PM P2 4. Child asks to use bathroom when necessary and needs little or no help. 5. Child washes hands without help after toileting and before eating. 6. Child takes care of personal belongings-returning items to mailbox, tubby, or backpack and places "hanging items" on tubby hooks. 7. Child keeps track of and takes care of area ndmetag and personal art box. ` (~em~~..c~•c'c~ fiC~ pug ~r•.{- ;Brz~ w~ o+h^.r:., 8. Child is ableto tie shoes, bo~~ s ;Co,s,,-.~, ~,~,~ ~_„ :.t.~ ~ ~,i~,p~~ SPIRITUI#L/~iIBLE 1. Child participates in prayer before meals, snacks, and nap. 2. Child knows and recites several prayers,>~S~rn•~ ~~~. l i : ~Q ra, ~ -^- r r y''xJ 3. Child shows an appreciation and beginning knowledge o~`J~sus and the world around us created by God. 4. Child asks questions and shows a curiosity about God. (Ex. Why, can't I see Him? Where is Heaven?) - 5. Child is aware that the Bible is God's Holy Book and treats it with respect. (OUR "BUSY KEY!") Key B...BEGINNING (or perhaps just introduced) U... USUALLY (demonstrates action or skill on a regular basis with minimal help or only a reminder from time to time.) S... SOMETIMES (may need reminders or encouragement from teachers) Y...YES (skilllaction is demonstrated /obtained) W... WORKING ON IT! (in the teaming process!) N~.~: nor exp~c~ed .~~r lk~z COMMENTS... ~e:l ~ .. G:a~ ~~ ~r~.s b-~:e.~ a :de1;~,-i° ~v, v~ct+~!~ '°Ealc=:~::om• ~ p.~y, e r .# yy~ ~~e ~% 5?rwo r"i'- ~-z~~cyw~i-~.S ~.t;~.~ ,s i1 ~ t ea ~ 1.;>~ecr~ w~ t~ tf~5ti 5h~. ;s .oo<<~r~ v~~t\ ~~~~;ac~ up ;~e;~.i, =c,~•~-..c. p~ Tcacher(s)Sigrature(s) ~ ~- C~~%ac.r~ r- ' . • VERIFICATION I, Leon M. Oberdick, verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information, and~belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~~ ~D-0~ ~~ c- _~ ~~ O ,,_. __ ~; _ _ !'3'~ ' c _y n 'T ~_., ~ ' , J i-- - G r -' ~ C7 r _{ l~ ,,~ y. ~°Cl _ _- .C.. -i '~' "C LEON M. OBERDICK, Plaintiff v. KELLEY M. OBERDICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4130 CIVIL ACTION --LAW IN CUSTODY CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I have this day served a copy of Plain6ffls Petition for Special Relief upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by UPS Overnight Mail, as follows: Date: February 23, 2004 Kelley M. Oberdick 604 W. 2nd Street Hummelstown, PA 17036 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Attorneys at Law By: Timothy J. Col Es i e Supreme Court I.D. #77944 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717)432-9666 C7 ry ^~ ~ r n "~l \j C~A7 (_ `~ ~ ~ ` yy, v ~ _'J ' ~ ) ~ C'7 p7 1' ,~ ~ ~V' ~.~. f 1 LEON M. OBERDICK, Plaintiff/Petitioner vs. KELLEY M. OBERDICK, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-4130 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AN~D N--O_W-JJ, this ~ ~ day of _ "' 2004, upon the Petition for Special Relief c~- riseatered~ ~~ ~ '~ !!~~ wA~~Allll~ AAFlIA~ r er o ourt or a wri en d e s pay am e i oner s attorney s ee Distribution: ,~imothy J. Colgan, Esquire counsel for Plaintiff/Petitioner ~/f{elly M. Oberdick, Pro Se l'_°~.a ~.~ ~ ~.N4.~~. A~ o~-of -oy~ f,,:'~F ~ Il.f ~I . 1 r 1 ~ (2 J ~ ir}^^ `i Itl ~S ~~' f,~t ~.. i,.'1t~ hi)~l Fiij C7l i,j~~yi?Ji%~~ _~ ~~ _,~~,_,_~~~-t1311~~ LEON M. OBERDICK, Plaintiff/Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-4130 CIVIL TERM KELLEY M. OBERDICK, Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff/Petitioner, Leon M. Oberdick, by and through his counsel, Timothy J. Colgan, Esquire, and petitions this Honorable Court as follows: 1. On February 23, 2004, Plaintiff/Petitioner filed a Petition for Special Relief pursuant to Pa. R.C.P. 1915.13. 2. The Petition was served on the Defendant/Respondent, Kelley M. Oberdick, on February 23, 2004. 3. On February 24, 2004, the Honorable Edward E. Guido, Judge, entered a Rule to Show Cause granting the Defendant/Respondent ten (10) days to show cause, if any she had, why the relief requested by the Plaintiff/Petitioner should not be granted. 4. The Rule to Show Cause was served on the Defendant/Respondent by the Prothonotary via apostage-paid envelope addressed to the Defendant/Respondent provided by counsel for Plaintiff/Petitioner. 5. As of this date, the Defendant/Respondent has failed to respond or file an answer to Plaintiff/Petitioner's Petition for Special Relief. 6. As a result of Defendant/Respondent's actions, the Plaintiff/Petitioner incurred attorney's fees in the amount of $1,083.05. Copies of the invoices detailing those fees are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff/Petitionerrwpectfully requests that this Honorable Court enter an Order making the Rule entered on February 24, 2004 absolute, and ordering the following relief: a. Permanently enjoining the Defendant/Respondent from removing the minor child from the Grace Christian Day Care Center without an Order of Court or the written agreement of the parties; b. Order the Defendant/Respondent to pay the Plaintiff/Petitioner's attorney's fees in the amount of $1,083.05 within thirty (30) days. DATE: c2D OLl Respectfully submitted, ~~ TIMOTHY J. ,ESQUIRE WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717)432-9666 I.D. #77944 THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill Ta Leon Oberdick 25 Gettysburg Pike Mechanicsburg, PA 17055 l~ I- Invoice Date Invoice # ' 3/2/2004 494 Terms Net 10 ~ Date Description Attorney Time Rate Amount i 2/6/2004 Receipt and review of email from client; Email letter to client Colgan 0.2 ] 90.00 _ 38.00 2/9/2004 Telephone call with client Colgan 0.1 190.00 19.00 2/12/2004 Review of current custody order; Client meeting Colgan 0.4 190.00 76.00 2/19/2004 Telephone call with Christine Keim at Grace Christian Day Care Center, Colgan 2.1 190.00 399.00 Preparation of Petition for Contempt and Special Relief; Receipt and review of emails from client; Emails to client ~ 2/20/2004 Receipt and review of evaluation and progress report from Grace Christian Colgan 1 190.00 190.00 Day Care; Receipt and review of a-mail from client; Modification of Petition for Special Relief and Contempt 2/23/2004 Filing Fee Colgan 1 50.00 50.00 i I i I i Total $772.00 ~I THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Leon Oberdick ZS Gettysburg Pike Mechanicsburg, PA 17055 q' I- Invoice Date Invoice # 3/31/2004 546 Terms _- Net 10 1 Date Description Attorney Time Rate Amount 2/23/2004 Filed Petition for Special Relief with Court in Cumberland County; Email to Colgan 1.1 190.00 i 209.00 client; Receipt and review of email from client I 2/24/2004 Receipt and review of Order from Judge Guido; email to client; receipt and Colgan 0.2 190.00 38.00 review.of client emails 2/25/2004 Letter to client with copy of Judge Guido's order Colgan 0.2 190.00 38.00 2/28/2004 Postage Colgan 1 6.46 6.46 2/28!2004 Postage Cotgan S 6.46 6.46 3/6/2004 I Postage Colgan 1 13.13 13.13 i Total 5311.05 LEON M. OBERDICK, Plaintiff/Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-4130 CIVIL TERM KELLEY M. OBERDICK, Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I served a true and correct copy of a Petition to Make Rule Absolute upon DefendanURespondent, by depositing same in the United States Mail, Dillsburg, postage prepaid, addressed as follows: Kelley M. Oberdick 604 West Second Street Hummelstown, PA 17036 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: ~1 a.0 6 Timothy J. o i, quire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717)432-9666 Attorney I.D. No. 77944 ~~~ N O ~~ ~- ~ 0 ~ ~ ._ '- ~ r --- ~ I T? ~ ~ ~r f-- ~. _:_ ~ - C7 _ ~~ u ~ -<