HomeMy WebLinkAbout01-06903
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PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
10 OLSON
v.
01-6903 CIVIL ACTION LAW
BRIAN OLSON
DEFENDANT
IN CUSTODY
ORDEROF COlJRT
AND NOW,
Friday, December 14, 2001
,upon consideration' of the ,attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy,Esq. , the conciliator,
at 214 Senate Avenne, Suite 105, Camp Hill, PA 17011 on Thursday, January 03, 2002 at 11:00 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 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 furuish any and all existing Protectiou from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq. (: '. '
Custody ConCIliator .'
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and 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 TillS PAPER TOYOURATIORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANiA
: CIVIL ACTION LAW
: No.oHii03 CIVIL 20
Defendant : CUSTODYNlSITATION
t1\
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bri~Yl
*O\SC>h
ORDER OF COURT
AND NOW, this _ day of , 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 ,20, at __ M., for a
Prehearing Custody Conference. At such conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be
heprd th$ court, and to enter into a temporary order. All children age five or older may also
be: present at the conference. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
VS.
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: CIVIL ACTION IN CUSTODY
NO. CI-(gQ03
NOTICE TO DEFEND
TO THE RESPONDENTS NAMED HEREIN:
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Petition and Notice are served, by
entering a written appearance personally or by attorney and filing in writing with the Court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so, the case may
proceed without you, and a judgment may be entered against you by the Court without further notice for
any money claimed in the Petition or for any other claim or relief requested by the Plaintiffs. You may
lose money or property or other rights important to you.
YOU SHOULD TARE 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
Two Liberty Avenue
Carlisle, P A 17013
(717)249-3166
Le han demandado a usted enla corte. Si usted qui ere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte
en forma escrita sus defensas 0 sus objectones alas demandas en contra de su persona. Sea avisado que si
usted no se defiende, las corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder
dinero 0 sus propiedades 0 otros derechos importantes para usted.
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
DI" 1'0 r-. 0\ S Or}
: CIVIL ACTION IN CUSTODY
; NO. ()1-(P~03
COMPLAINT IN CUSTODY
1.
Theplaintiffis :So O~ , residing at 63 \falrMP- ~~00
Cc~ \,-\,\\ ~ ~ 170\ I
Thedefendantis~~~(:/\ (J\~()f'I , residing at \0 ~l\^~fO~
~()~A'(~Y~ fllt oef{)
artial custody), (visitation) ofthe following child(ren):
2.
3.
AGE
PRESENT ADDRESS
33 fc-.h~ OIL~ ~ll\
NAME
~Q\c..(\ ObOf)
The child(ren) (was€s n~bom out of wedlock.
The child(ren) is presently in the custody of ~> ()\.QI. v") who resides at
~ 'Pc. t", EL-- O~:I.LO Co..""f>~\ II
s
During the past five years, the child(ren) has resided with the following persons at the following
addresses:
LIST OF PERSONS
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The mother ofthe child(ren) is} () ~l) (\ . currently residing at
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She is (Single~VOrCed).
The father of the child(ren) is _~eAu. " O~t> I' . currently residing at--1tL-
-S~''I7u- ~ (i\~~Cs\:>>D e~nl$5'
He is (Sing~~(diVOrCed).
4. The relationship of the Plaintiffto the child(ren) is: ('f\O~ . The Plaintiff currently
resides with:
NAME
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RELATIONSHIP
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The relationship of the Defendant to the child(ren) is: ~ tC
. The Defendant
currently resides with:
NAME
RELATIONSHIP
6.
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Plaintiff (haSeiciPated as a party or witness, or in another capacity, in other litigation
concerning the custody of this minor child(ren) in this or another court. (if so )The court, term and
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number, and its relationship to this action is: u'Pr-
Plaintiff (haS~formation of a custody proceeding concerning the child(ren)
pending in a court of this Commonwealth. (if so )The court, term and number and its relationship
to this action is: t-9K
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Plaintiff (knows)€not ~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.
The name and address of such a person is: 1\ ~
7. The best interest and permanent welfare of the. child will be served by granting the relief requested
because:~ (\"'",\<9 ~{.<, o.\.WI.O(f ~U' I ^-~. ~f\~'i (wt', b{:
f'A.\.I.<,ti~, Ov\.:' 0 ~ <- \"'C.r"> ~ J\ ~J-, c.. 0\ \()QI.L.€.. ev0l e'N-ub tlW
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8. Each parent whose parental rights to the child have not been terminated and the person who has '51<<
physical custody of the child have been named as parties to this action. All other persons, named
below, who are known to have or claim a right to custody or visitation of the child will be given
notice of the pendency of this action and the right to intervene:
NAME
ADDRESS
BASIS OF CLAIM
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WHEREFORE, Plaintiffrequests this court to grant (custody)(temporary custody)(visitation) of the
child(ren) to the Plaintiff.
Respectfully submitted,
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Date
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H.B 1 9 2002.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JO OLSON,
vs.
NO. 01-6903
Defendant
CIVIL ACTION - LAW
CUSTODY
BRIAN OLSON,
ORDER OF COURT
AND NOW, this ]. 7 ,..., J day of February, 2002, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Jo Olson and Brian Olson, shall have shared legal
custody of the minor Child, Brian Olson, II. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting
the Child's general well-being including, but not limited to, all decisions regarding his health,
education and religion. Pursuant to the terms of Pa. C. S. S 5309, each parent shall be
entitled to all records and information pertaining to the Child including, but not limited to,
medical, dental, religious or school records, the residence address of the Chilld and of the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
2. Physical Custody. Mother shall have primary physical custody subject to Father's
rights of partial physical custody which shall be arranged as follows:
A. Effective February 4, 2002, each Monday from 4:30 p.m. until Tuesday at
9:30 a.m.
B. Effective February 2, 2002, each Saturday from Noon until Sunday at 8:00
p.m.
3. Holidays.
A. Christmas. The Christmas holiday custodial period shall be defined to be
from December 24th at 3:00 p.m. until December 25th at 3:00 p.m. In
even-numbered years Father shall have custody and in odd-numbered
years Mother shall have custody. Additionally, in odd-numbered years
Father shall have custody from December 25th at 3:00 p.m. until
December 26th at 9:00 a.m.
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No. 01-6903 -- Civil Term
B. Memorial Day and Labor Day. Memorial Day and Labor Day shall be
observed with the parent who had custody the weekend preceding the
holiday.
C. Easter. The parent who has custody on Easter weekend shall retain
custody until 3:00 p.m. Easter Sunday. The non-custodial parent shall
have custody for the period of Easter Sunday at 3:00 p.m. until 9:00 a.m.
Easter Monday.
D. New Year's Eve. In even-numbered years, Father shall have New Year's
Eve at 3:00 p.m. until New Year's Day at 3:00 p.m.
E. Thanksgiving. Father shall have custody for the Thanksgiving holiday
each year from the Wednesday before Thanksgiving at 3:00 p.m. until
Thanksgiving Day at 3:00 p.m.
BY THE COURT,
J.
Dist:
Jo Olson, 33 Palmer Drive, Camp Hill, PA 17011
Brian Olson, 110 Juniper Drive, Mechanicsburg, PA 17055 ~ fl'V'<";"~ ,;2.;) 6- b ~
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JO OLSON,
vs.
NO. 01-6903
Defendant
CIVIL ACTION - LAW
CUSTODY
BRIAN OLSON,
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
Brian Olson, II
Age 5
Mother
2. A Custody Conciliation Conference was held on January 29, 2002, with the
following individuals in attendance: the Mother, Jo Olson, pro se; and the Father, Brian Olson,
pro se.
3. The parties reached an agreement in the form of an Order as attached.
1s;t6.J
1
Date
Melissa Peel Greevy, Esquire
Custody Conciliator
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KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope((i>.comcast. net
Attorney for Plaintiff
JO RUCH
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6903
vs.
BRIAN OLSON
Defendant.
CIVIL ACTION - LAW
: IN CUSTODY
ORDER
AND NOW, this ~l.J- day of VV1 7Yl-l 2006, the attached Stipulation
signed by the above captioned parties is approved and entered as an Order of the
Court.
BY THE COURT:
J.
,
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KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkooe@comcast.net
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6903
CIVIL ACTION - LAW
IN CUSTODY
JO RUCH
vs.
BRIAN OLSON
Defendant.
PETITION TO MODIFY CUSTODY ORDER
1. The Plaintiff is Jo Ruch, residing at 404 Gale Street, Mechanicsburg,
Pennsylvania.
2. The Defendant is Brian Olson residing at 116 West Roosevelt Street,
Middletown, Pennsylvania.
3. A Custody Order was entered by this Honorable Court on February 22, 2002,
wherein the parties share equally physical and legal custody of the child.
4. Plaintiff seeks to modify the current Custody Order according to the attached
Custody Stipulation so that the Plaintiff has primary physical custody of the
following child:
NAME
PRESENT RESIDENCE
D.O.B.
AGE
Brian Olson, Jr. 404 Gale Street, Mechanicsburg, 9/10/96 91/2
Pennsylvania.
5. Brian Olson, Jr. was born in wedlock.
6. The child is presently residing with the Plaintiff.
7. During the past 7 years, the child has resided with the following persons and at
the following addresses:
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PERSONS
Jo Ruch
Kevin Ruch
Andrew Ruch
Emily Ruch
Rikki Fasick
Jo Ruch
Rikki Fasick
Jo Ruch
Brian Olson
Rikki Fasick
ADDRESSES
DATES
404 Gale Street, Mechanicsburg June 2003 - Present
Pennsylvania
33 Palmer Drive, Camp Hill
Pennsylvania
June 2001-June 2003
33 Palmer Drive, Camp Hill
Pennsylvania
Birth - June 2001
8. The mother of the child is Jo Ruch, currently residing at 404 Gale Street,
Mechanicsburg, Pennsylvania.
She is married.
9. The father of the child is Brian Olson, currently residing at 116 West Roosevelt
Street, Middletown, Pennsylvania.
He is not married.
10. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently
resides with the following persons:
NAME
Kevin Ruch
Brian Olson
Andrew Ruch
Emily Ruch
Rikki Fasick
RELATIONSHIP
Husband
Child
Child
Child
Child
11. The relationship of Defendant to the child is that of Father. The
Defendant currently resides with the following persons:
NAME
Joni Dietrich
RELATIONSHIP
Fiance
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12. Plaintiff has participated as a party in previous litigation concerning the custody
of the child
13. Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the child or claims to have custody or visitation rights with
respect to the child.
14. The best interest and permanent welfare of the child will be served by the
granting relief requested because:
(a) The child has a more stable home and emotionally consistent
environment while living with Plaintiff, while the Defendant is
transient, sometimes living as little as 2 weeks at a particular
location and with varying individuals.
(b) Defendant has a history of alcohol abuse and is often being
arrested for criminal acts committed in front of the children.
(c) Plaintiff has undertaken and performed the primary parental
responsibilities for the children.
(d) The Plaintiff has the facilities to provide for the care, comfort and
control of the child, as well as the intention and desire to do so.
(e) The child wants to live with the Plaintiff.
15. Each parent whose parental rights to the child have not been terminated and the
persons who have physical custody of the child have been named as parties to
this action.
WHEREFORE, Plaintiff requests this Court modify the current Custody Order
so that primary physical custody is with the Mother and visitation with the Father as
agreed upon by the parties in the attached Stipulation.
Respectfully Submitted,
Dare 3j jo&
5 ES
~
SHANE B.KOP ,ESQ.
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KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopeCCUcomcast. net
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6903
JO RUCH
vs.
BRIAN OLSON
Defendant.
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION
AND NOW, this 15th day of February 2006, it is STIPULATED and AGREED by
and between the parties, Jo Ruch ("Mother") and Brian Olson ("Father"), intending to be
legally bound hereby, that an Order regarding the custody and visitation of their minor
child Brian Olson, II (DOB: 9/10/1996) shall be entered as follows:
1. Legal Custody: It is the intention of the parties and the parties agree that
Mother will have primary legal custody of Brian Olson ("Child"). The parties agree that
major decisions concerning their Child, including, but not limited to, the Child's health,
welfare, education, religious training and upbringing shall be made by the Mother.
Father agrees not to impair Mother's rights to primary legal custody of the Child. Each
party shall notify the other of any activity or circumstance concerning their Child that
could reasonably be expected to be of concern to the other. Day to day decisions shall
1
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be the responsibility of the Mother. With regard to any emergency decisions which must
be made, the party having physical custody of the Child at the time of the emergency
shall be permitted to make any immediate decisions necessitated thereby. However,
that party shall inform the other of the emergency and consult with him or her as soon
as possible. Each party shall be entitled to complete and full information from any
doctor, dentist, teacher, professional or authority and to have copies of any reports
given to either party as a parent pursuant to 23 Pa.C.S. 5309.
2. Primary Physical Custody:
Mother.
Primary physical custody of Child shall be with
3. Partial Physical Custody: Father shall have visitation of Child in
accordance with the following schedule:
a. Every other weekend from Saturday starting at 12:00 p.m. to Sunday at
6:00 p.m. starting January 1, 2006.
b. The week following Father's weekend, visitation will be on Thursday from
4:00 p.m. to 8:00 p.m. during the school year and Thursday 4:00 p.m. to
9:00 p.m. when school is not in session.
c. Ten days throughout summer with the stipulation that only up to four of
those days can be used consecutively for vacation. The remaining six
days will be used non-consecutively.
d. Visitation will be allowed under the following conditions:
2
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i. Father agrees to abstain from the use of alcoholic beverages and
narcotics during the Child's visits.
ii. Father will under no circumstances be allowed to drive the Child on
his motorcycle during his visitation periods.
4. The parent with physical custody during any given period of time shall
communicate in a prompt fashion with the other parent concerning the well-being of
their Child, and shall appropriately notify the other parent of any changes in health or
educational progress.
5. The parents shall organize ways for their Child to maintain his friendships,
extracurricular activities, and other special interests, regardless of which household he
may be in.
6. During any period of custody or visitation the parties to this Order shall not
possess or use any controlled substance, nor shall they consume alcoholic beverages,
nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure,
to the extent possible, that other household members and/or houseguests comply with
this prohibition.
7. Telephone Contact: Each parent shall be entitled to reasonable telephone
contact with the Child which shall not be excessive as well as daily contact via e-mail
with the Child when in the custody of the other parent
3
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8. Applicable Laws: Any provision in this Agreement regarding Child custody and
visitation shall be governed and enforceable as set forth in the applicable Pennsylvania
Rules of Civil Procedure, as well as any other remedies available at law or in equity.
9. UCCJA and PKPA:Should it become necessary for Mother/Father to proceed in
any court outside the Commonwealth of Pennsylvania or in any county outside the
County of Cumberland to enforce any of the provisions of this Agreement, such
enforcement shall be, at Mother's option, in accordance with the provisions of
Pennsylvania's Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. SS 5341-5366
("UCCJA") and the Federal Parental Kidnapping Prevention Act, 28 U.S.C.A. S 1738A
("PKPA"). Should it become necessary for Mother to apply to any court for enforcement
of the custody obligations provided for in this Agreement, Father hereby consents to the
entry of any order required by any court or pursuant to the provisions of UCCJA and
PKPA and she will not oppose an application being brought pursuant to UCCJA and
PKPA.
10. Modification:
The provision of this Paragraph shall be modified
according to applicable law.
LAW OFFICE OF SHANE B. KOPE
4660 Trindle Road, Suite 201
Camp Hill, PA 17102
T
Jo Ruch
404 Gale Street
Mechanicsburg, PA 17050
Shane B. Kope, squire
A aintiff
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COMMON:m YL'Il ~ }1:/~e r.n e
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DanieIJ.A1bert. . NotarvPublJc q:) _ . / ),-/.'4/ _
Washington Twp., Yorli CountY ~ t7 ~
4My Commission Expires Mar. 26, :lOO6
Member, Pennsylvania AsSOCIation of Notaries
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Sworn to or affirmed and
acknowledged before me by
BR N OLSON
on
,2006
Notary Pu ic
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Rebe<:ClI ~I.ll$, Notary Public
Royallon ~Dauphln CouIllY
My Commls8lon Ilcpi""" Jan. 9, 2009
M_, """f1S\Ih..~. AS1!fJclallon of Not,rIn
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Brian Olson
116 West Roosevelt Street
Middletown, PA 17057
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Defendant
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoDecw.comcast.net
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6903
JO RUCH
vs.
BRIAN OLSON
Defendant.
CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Shane B. Kope, Esquire, 4660 Trindle
Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Plaintiff, Jo Ruch, in
connection with the above-captioned custody action.
Respectfully Submitted,
/
BY:
Shane B. K pe, Esquire
10# 92207
4660 Trindle Road
Suite 201
Camp Hill, PA 17011
(717) 761-7573
Date:
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoDe@comcast.net
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6903
JO RUCH
vs.
BRIAN OLSON
Defendant.
CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Shane B. Kope, do hereby certify that on this 8th day of June, 2006, I served a
true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S.
First Class mail, postage prepaid, addressed as follows:
John F. King, Esquire
Friedman & King, PC
600 N. Second Street, 5th Floor
P.O. Box 984
Harrisburg, PA 17108
. KO~eT~LC
By. .
Shane B. Kope, Esq.
1.0.92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(Attorney for Defendant)
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PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
10 RUCH
V.
01-6903
CIVIL ACTION LAW
BRIAN OLSON
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, Juue 29, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberlaud County Courthouse, Carlisle on Friday, Au~ust 18, 2006 at 9:30 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 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
Hubert X Gilrov. Esq.
Custody Conciliator
pic/
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE 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
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope<Blcomcast.net
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6903
JO RUCH
vs.
BRIAN OLSON
Defendant.
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this
day of
, 2006, upon
consideration of the attached Petition for Modification of Custody Order filed by the
Plaintiff, it is hereby directed that the parties and their respective counsel appear for a
Custody and Contempt Hearing at
on
, 2006, at
o'clock m.
FOR THE COURT,
By:
J.
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope~comcast.net
Attorney for Plaintiff
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JO RUCH
vs.
NO. 01-6903
BRIAN OLSON
Defendant.
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Petitioner, Jo Ruch, by and through her counsel, Shane
B. Kope, Esquire, and hereby files the instant Petition for Modification of Custody Order
and Stipulation, and in support thereof, states:
1. The Petitioner is Jo Ruch, residing at 404 Gale Street, Mechanicsburg,
Cumberland County, Pennsylvania.
2. The Respondent is Brian Olson residing at 116 West Roosevelt Street,
Middletown, Dauphin County, Pennsylvania.
3. This petition of Jo Ruch respectfully represents that on March 31, 2006, an Order
of Court was entered approving the Stipulation signed by the above captioned parties, a
true and correct copy of which is attached as Exhibit "A".
4. Respondent, Brian Olson, filed a Petition for Contempt and for Modification of
Custody Order on or about May 31, 2006.
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5. Petitioner, Jo Ruch, respectfully requests thatthe Order be modified to give her
sole custody rights to the child..
6. This Order should be modified because:
(a) The Respondent, Brian Olson, has a documented history of drug and
alcohol abuse which continues to the present day, which conduct poses a
substantial threat of present or future physical or emotional harm to the child
involved.
(b) The Respondent, Brian Olson, has violated the entered Stipulation by
using alcohol and narcotics during his visitation periods with the child, which
poses a substantial threat of present or future physical or emotional harm to the
child involved.
(c) The Respondent, Brian Olson, has been arrested and incarcerated for
drug use and possession since the Stipulation was entered into the record and
arrested and incarcerated for a parole violation due to the consumption of
alcohol.
(d) The Respondent, Brian Olson, has not and cannot provide an adequate
home environment for the child involved, which poses a substantial threat of
present or future physical or emotional harm to the child.
7. In the interest of judicial economy the Petitioner respectfully requests that at the
Hearing for Contempt the issues of Custody be presented.
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WHEREFORE, Petitioner requests that the Court modify the existing Order and
grant the following relief:
(a) Modify the March 31, 2006 Custody Order to give Petitioner sole custody
rights of the child.
(b) Schedule the Custody Hearing and the Contempt Hearing for the same
time in the interest of judicial economy.
Respectfully Submitted,
KOPE & ASSOCIATES, LLC
By:
Dated: '/Ir;i~
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VERIFICATION
I, Jo Ruch, the Petitioner in this matter, have read the foregoing Petition for
Modification of Custody Order. I verify that my averments in this Petition are true and
correct and based upon my personal knowledge. I understand that any false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to
unsworn falsifications to authorities.
Dated:
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BY:
IN TIlE COURT OF CO
CUMBERLAND COUNTY,
CIVIL ACTION - LAW
JO RUCR,
vs.
NO. 01-6903
BRIAN OLSON,
Defendant
IN CUSTODY
COURT ORDER
AND NOW, this 2.0 tt. day of July, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of Court in this matter dated March 31, 2006 is temporarily
vacated.
2. Custody at this point shall be handled as follows:
A. The Mother, Jo Ruch, shall enjoy primary physical custody of the minor
child, Brian D. Olson, II, born September 10, 1996.
B. The Father, Brian Olson, shall enjoy periods oftemporary physical custody
as follows:
1) On at least one session per week to be arranged by the Father
when the Father of the minor child shall have a supervised
visitation session at the office of Guidance Associates or a similar
counseling agency. Costs of these services will be paid for by the
Father. Father shall make arrangements and shall notify the
Mother with respect to when these sessions are scheduled. Mother
shall ensure that the minor child is in attendance as required.
2) At such other times as agreed upon by the parties.
3. Legal counsel for the parties shall conduct another conciliation conference via
telephone conference call with the Conciliator on Friday, August 25, 2006 at
8:00 a.m. At this conference, the Father's status with respect to incarceration
shall be addressed and the issue of what additional contact, if any, the Father
would have with the minor child will also be addressed at that point.
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4. Both parties preserve the claims they have fIled in their Petitions and those
claims may be asserted at a hearing in the event the parties ultimately need to
litigate this case at a hearing in Court.
BY THE COURT,
J.
Cc: ~ane B. Kope, Esquire
;:.fohn F. King, Esquire
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Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JO RUCH,
vs.
NO. 01-6903
CIVIL ACTION - LAW
BRIAN OLSON,
Defendant
IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH TIlE CUMBERLAND COUNTY CML RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Brian D. Olson, II, born September 10, 1996
2. A Conciliation Conference was held on July 14, 2006 with the following individuals in
attendance:
The Mother, Jo Ruch, with her counsel, Shane B. Kope, Esquire
The Father, Brian Olson, with his counsel, John F. King, Esquire
3. The Mother has filed a petition to modify the existing Custody Order. Father has also
fIled a petition to modify the existing Order and to hold Mother in contempt for
violation of the existing Order. There are a number of issues that need to be worked
out. Primarily, Father is currently incarcerated but in the work release program in
Dauphin County. He has another Court date scheduled in early Augnst. The Mother
bas concerns relative to Father having custody with the child while he is in jail and in
light of circumstances that brought Father to be in jail. The Conciliator recommended
to the parties a supervised visitation arrangement pending clarification of Father's
status relative to incarceration which, hopefully, will be resolved in early Augnst.
4. The Conciliator recommends an Order in the form as attached.
c1
Ill'f
Date: July , 2006
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