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HomeMy WebLinkAbout01-07054 , , , , , , , , , , , , , Of. ,., '" '" , , , , '" :Ii if: ili ili:f. iF.:ti:-f. Of. Of. '" '" , , , IN THE COURT OF COMMON PLEAS , , , DECREE IN , , , DIVORCE , , 4 J:1/3f'~' , , ':r~ 10 , 2003 , , IT IS ORDERED AND , , TONI R. O'DONNELL , , PLAINTIFF, , ROBERT J. O'DONNELL , , DEFENDANT, , , OF CUMBERLAND COUNTY , PENNA. , , , STATE OF , , , TONI R. O'DONNELL, , . , No. 01-7054 Plaintiff VERSUS , , , , ROBERT J. O'DONNELL Defendant , , , , , , AND NOW, , , DECREED THAT , AND , ARE DIVORCED FROM THE BONDS OF MATRIMONY, , CIVIL , , THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; , , , , , None. , , , , ATIE50f1~1 , , , , , :f.,., :tifF. "':Ii '" "',"l,~,:rij~, ,,,,,!,,, ~:r;",l"_1!',t';;>;,,,~-, ,~.,M,'_ ,,~," T' , ',. , ;",", ,,', "1 ". ". ,f~_, ,"> ,'1'''',,, ,.,. ,,--.,0"_'0,_" 4,':'~', PROTHONOTARY , , , , , , , J. , , , , , , , , , , , , , , , , , , , , , , . . , , , . , , , , , ,. ~t?!p? 2 /t~ ~u, ,'.'r?-J/tp ~? j4? }? ~P1t/4!p~;?:pp [(?/I-tf . ,,' ~:>" , .,- ~ Q ~ <i ."~ ~,. "-,~ ?S t.:"/::>L- . " . .,' , J ~'" ,~<""?'~'" _,_~P"~," '",,,,~, '''C'"", , ~,~'~~!i'!~'!1~o1ll'l~M!jl\ffi!l\~W;ItfR'I~~_;"';""f1t~~i! '1:" TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2, The Complaint was filed on December 17, 2001. 3. Date and manner of Service of the Complaint: Certified Mail, Return Receipt Requested, Restricted Delivery on December 31, 2001, as evidenced by the Acceptance of Service filed on January 4, 2002. 4. on Ju,J'lt.. II filed on J",,,,e.. "l The Plaintiffs Affidavit of Consent was executed by the Plaintiff on May 29,2003, and filed , 2003. The Defendant's Affidavit of Consent was executed on May 29, 2003, and ,2003. 5, Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on May 29, 2003, and said waiver was filed on Jl.(.I'l{ q . 2003. Defendant executed a Waiver of Notice ofIntention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on May 29, 2003, and said waiver was filed on J,,-I'lt. q ,2003. 6. There are no related claims pending, Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date:--k! q /0 3 nda A. Clotfelter, Esquire orney I.D. No. 72963 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 3';~~,,~ .' ",'~3'"~"?:;','l-'-r:-"-~ ,,,,. .--. '-'''I',,",' """," , '~<'I''';.: ,";;'0""... ""-,, ",.0", ~". , ~'.- , ,. .'. ,,"- <'''~-, "" " -~ ,,- " _ ,t~"."_""",,,, . .~,,' ,~, .,',- -"'''' () !;; -o~ f11r:", 2:'-:- Z!~:-'-' (f) C. r:i i~.: ~\~ ~;~~ Pc~ ~1 -<: E5' #l U~ o C,,.,,) '0 '7j ?E ~~',... I ',...l:) ~9 (fJ ."JI~'~f1'l~~~r~~'ft~1~h;::,"::':" -,~~~~~~~~~"J'F~ BC ,I , TONI R. O'DONNELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-7054 CIVIL ACTION LAW ROBERT J. O'DONNELL DEFENDANT IN CUSTODY ORDER OF COTJRT AND NOW, Thursday, December 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator, at 39 West Maiu Street, Mechauicsburg, PA 17055 on Tuesday, January 15, 2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow 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 aU existing Protection from Abuse orders, Special Relief orders, and Cnstody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. f.fl!\. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law tc? 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 HA VB 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 O;"";"'If;\"\C'~ ,'_" , ~ . ,,' ", , """"'!"I""'" ~ ,~_.,",~.,~".. ,~"~=~ - " .. ~"_~' w" ~"_ '~"" , ),~J A-rw or ~12~ j..,dofJ ILf3CL o:o-f-- Y'>~J~'\-U -:3?,Jt"(Y ~R"3d~.oJ,) 7rttJ or )'J.!:,l'~u..t Ado;) -P'3"2) -Io/'e/-ef VIN\f^1'\SNN3d AlNn08 Or'IVlI!38\^ln::l '1'1 :2 Wd I Z 33Q 10 i\\:l\llOI\]Q,~,LJ::Jc ~O ::'"'1-1/"0-:1'" .,...1 ,_~'\..' _ H:J 10;',,(__;:.,U,',J:i:i ~Jf:L :t(} ~()I,:L~O .O:j-ld 'j;i, ,?\ TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 6/~7()61 ~IV;/ CIVIL ACTION - LAW DIVORCE AND CUSTODY ROBERT J. O'DONNELL, Defendant ORDER OF COURT AND NOW, this day of ,2001, upon consideration ofthe attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2001, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. 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 of permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disables 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 TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 ""..,-.-, , "'" ~"",,'t<d'''f','''_,"<<,'' .""""~"",, ~"'""''1'" ',,", .-<,..-I~,,,,,,,,,' "~," ,.,,~~o,,~__,",,~ "" ~,_ " " .~. , , "~" ~ TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: Ot- 70CYj CIVIL ACTION - LAW DIVORCE AND CUSTODY ROBERT J. O'DONNELL, Defendant NOTICE 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, P A 17013 (717) 249-3166 :,.,-.s~ll'fll1i[;;:-;it ,_ ,,--'_,,8p"r , _". ""~~ ',F _ ,__~",~ I" '. ,-","-- .,_ , 7"_,._,~ ,_ ~~ "t', TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siquinetes, usted tiene viente (2) dias de plazo al partir 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 defenses 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin privio aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero a sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI TO TIENE EL DINEROSUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVE. CARLISLE, P A 17013 (717) 249-3166 , ;'-';'Y,<!jJ'll~ ' _", '__""'" '~-'''''",__--",-" _,__,. _ ;",~, Y" ''''___7"'''''; " ':'1'," "'-__'_"''''-",~'lh~,-' . ,~__~,"" ',_' ,'''' ~ __~<> . , --". , ~ , ~f~ TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 61-706l-( CIVIL ACTION - LAW DIVORCE AND CUSTODY ROBERT J. O'DONNELL, Defendant COMPLAINT FOR DIVORCE AND CHILD CUSTODY AND NOW, comes Plaintiff, Toni R. O'Donnell, by and through her counsel, Law Offices of Craig A. Diehl, and filed this Complaint for Divorce Child Custody, respectfully stating in support thereof the following: 1. The Plaintiff is Toni R. O'Donnell, residing at 50 Eberly Road, Newville, Cumberland County, Peunsylvania 17241. 2. The Defendant is Robert J. O'Donnell, residing at 299 Pipeline Road, Newville, Cumberland County, Pennsylvania 17241. COUNT I - DIVORCE 3. Paragraphs 1 and 2 are incorporated herein as if fully set forth. 4. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 5. Plaintiff and Defendant were married on October 12, 1991, in Carlisle, Cumberland County, Pennsylvania. 6. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since April 4, 2001. 7. There have been no prior actions of divorce or for annulment between the parties. ~';jh.J . ""''''''''~~"__'''','''''''!' ,_.,"" _ ""'"";<""-'-' ""'~-f",r." ,'!"'T"-,,'''' ".=" '.,,',.'. ~~". -,~ '!--J 8. Defendant is not a member of the armed forces of the United States or any of its allies. 9. Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiffhas been advised ofthe availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. COUNT II - CIDLD CUSTODY 11. Paragraphs 1 through 11 are incorporated herein as if fully set forth. 12. Plaintiff seeks primary custody of the following children: Cory A. O'Donnell and Shane M. O'Dounell, whose present residence is 50 Eberly Road, Newville, Cumberland County, Pennsylvania 17241. Cory A. O'Donnell is eight (8) years old, having been born February 23, 1993. Shane M. O'Donnell is ten (10) years old, having been born April 16, 1991. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, Toni R. 0 'Donnell, who resides at 50 Eberly Road, Newville, Cumberland County, Pennsylvania. During the last five (5) years, the children have resided with the following persons at the following address: Name Address Dates Toni R. O'Dounell Todd Chestnut Garrett Chesnut 50 Eberly Road Newville, P A 17241 April, 2001 - Present Toni R. O'Donnell 299 Pipeline Road 1997 - - ~~"'?1~~~'''_''";' _".., ~. ',' ,'~~",'r-^'~ ~"""'_~'~ __,,!'f'C'c "","" _,,,",~0""","_" ._ ,~"",__ _"'_~,' .,.',' , " ~ Robert 1. O'Donnell Newville, PA 17241 April, 2001 Toni R. O'Donnell Robert 1. O'Donnell 192 Conodiquinet Mobile Estates Newville, PA 17241 1995 - 1997 The mother of the children is Toni R. O'Donnell, currently residing at 50 Eberly Road, Newville, Cumberland County, Pennsylvania 17241. She is current married, but is separated. The father of the children is Robert 1. O'Donnell, currently residing at 299 Pipeline Road, Newville, Cumberland County, Pennsylvania 17241. He is currently married, but is separated. 13. The relationship of the Plaintiff to the children is that of mother. Plaintiff currently resides with: Name Relationship Todd Chestnut Children's Uncle and Plaintiff's Brother Garrett Chestnut Children's First Cousin 14. The relationship of the Defendant to the children is that of father. Defendant currently resides alone. 15. Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children. Plaintiffhas no information of a custody proceeding concerning the children pending in a Court ofthis Commonwealth or any other states. Plaintiff does not know of a person not a party to the proceedings who has physical ~'~''').''1'" h- ",~"'^,""'':''',"8:''~ '"<<\' -, ,-" ,,""""'7,~--, ' , ,,? -'"-~:" " ,--" ,~ .'.., custody of the children or claim to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be best served by granting the relief requested by Plaintiff because of the following reasons: a. Plaintiff has always been the primary care-giver for the children since their birth and wishes to continue to be their primary care-giver. b. Plaintiff has severe concerns with Defendant's emotional stability and its potentially negative effect on the children due to Defendant's past violent conduct toward Plaintiff which resulted in several criminal convictions. 3. Due to direct threats from Defendant that he intends to abscond with the children and take them to unknown location thereby denying Plaintiff any and all contact with the children. d. Defendant has not always acted in the best interest of the children when he has shown compulsive behavior and has repeatedly, and at times incessantly, telephoned Plaintiff for no legitimate reason. Defendant's emotional well- being is questionable and the fear is that the Defendant may abscond with the children because he has indicated to Plaintiff that he intends to do so. e. It is important for the children to continue to foster their close relationship with their uncle and cousin, with whom they presently reside. 17, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties of this action. WHEREFORE, Plaintiff, Toni R. O'Donnell, respectfully requests that this Honorable Court grant primary custody of her children, Cory A. O'Donnell and Shane M. O'Donnell to Plaintiff, with partial custody to Defendant, and grant such other relief as this Court deems just and proper. "~'~)l" - -~"--"'""""">",,;.'/,r,~_, <,;,-" '.',Yo: ""C,-_"'- __ "_'k .-, .-",,, '_"""n' ~'~ '"__~_ Respectfully submitted, " LAW OFFICES OF CRAlG A. DIEHL Dated: 1111() 10 I I nda A. Clotfelter, Esquire upreme Court J.D. No. 72963 464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 ~'!ilJ1", '>"~___ "~,', . 'iO'_ ., )',""'''1 .<, "._~"'~"""--:,,b>~':'!,--'" .., ~- ,<. _,__,-,__ ~o :'c: " VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. !l 4904, relating to unsworn falsification to authorities. Date:/I / f /0 / I I ~ If & '/J urvnJJ TONI R. O'DONNELL -'~-"^' "'<I' -.,.~.,-,~,_, ,-'" ',0' "'"~,"''-''''''7",~,",,,,';:;,,'''''""''I", ' "~""~' - -".."_. " -- ~"""". , ..~~ "~='."~'''''li'lIlil",~ : .. 4: 0 ,.--'''1 9J c: ~ ~ :;,~' CJ '""C)(i' ~ --- rn!'''~ C"-; --!::: B; Z:J- ~ /'1 ~ 0 c;:;~. . c- --- cA .... "'(1 <.. "~',~ ..--" -D ~ 81 a ~ >-": :, .. )> ...- ~ .. -0 ~..;~t (:;:1 0- 0;2- rJ e; $J "-' < 9; r ~ tiC ~. - ~n _ ~,,~,~iIf'j!]lii!I~ ",- . ,,'~, _, _ 0, ~~~1._~ ~~1I):;\~"i-1i;W';',*;i;l'ff'\",;"~""~ll:iW,lJ~~_~~~I~~~%!<~~I~1!l,l~t~.", ,,_~:-.~i ;,:,: TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 17,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verity that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities. Date: ,J-,;1 C; - CE Lf /}4A . jJ, I! JJ r/YVJ1-LU TONI R. O'DONNELL, Plaintiff ,,":,?'\~'1,~:t:~i, :"~~:':,:-,':;"".1~~-,l~";?tf _ ..-,~;..~,,~ 'c':'?':" _,!,;_ "'1,';-'''< ' ,-, 7,-""' ~,__ ,.w""'"_,;"!"_""",,,, ,,;e- ,V," ,,"r, "..., ,,," , ~". "~-- - - ~- -,'''''' ,,~[f lPlt'fi!'~--c~"'''"/{' ," ,":'-, 'i~ .-', ., - " ~--~'~" "~ /- ?5 e// ,~E<j'~~~~~'~r<<1_,~~_,_~~~~?':1,;, [} ))~~-: f17lt' -;..r, &~7- ;::$,,= ~c:' ~(-, - ., jf;C' ~' <- ~ t::-- 1<:> '-' . C;::, ('~..:: , t..::) --,.>-., ::0 _~_]'(:i 'c.,',),;]]' ~-_:'- ,'::. j ~,')' n ~~ ::J..7 "" -',;, ~9 ,:;;c'_!, l!ll,.,~",,_ ,;}I~,~rW-~3:~~hl/",~"L,~"~~Jl TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlUNTY, PENNSYL VANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 17,2001. 2. The marriage of Plain tiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that! may lose rights concerning alimony, division of property, lawyer's fees and expenses in do not claim them before a divorce is granted. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 0:5- cPfl. cl3 J. O'DONNELL, Defendant ~"~~jr,,,~-4~o \," "'-"."'''0<',1:\" =,'''''':"'''''__,T'''''''O'''~''''''n'' , ", '0 c, he,. ,,,~'"''>''' ,"" ..,>, '"" ___.C,'. '" ~,~ ~~,'. " c~ \ c ""_,,,, '7<"""- 8 ~- '{:)'-' rnF!;i f€!~h' (/),> i$;~; ~\~. ~>:: :h \"~, f;' -' :~ -(' /" "' ?.5 ljL .e- to '::? (u o ~;": '- ,~ ".~::: , ;"(j:n - , to '-'~E9 ; i :::: ~:; ~~il~~:' ,3;:1 2g ""'T') -'"" ~. ~0 _.(, ,<'; __UL~,:,_ !f11~, "'~t~~~~~~~i&--:,'T");~,+~-"'""'",,,,",:,A~,~~~~~~~ TONI R O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. 07UJuC f /J1J~ TONI R. O'DONNELL, Plaintiff Date: t,--J1-03 "P).II!>l: ~'- ~':"",,~!W,- ...,',"'~C\~"',""~. '~'''''', _'-"""Y~o-,'C'-'-'- '--,1-""'''". """',^ ,..._"JmJ~>!<", "J~,_ , :~,. ~~~ f!ij'1X] ~, h_ -~ > .~ ~ '''-<v.,,';"'-'~ __,_,~ ~" ~~""C 2 ~ ;::Pin o..!ltt'" ~.J: ~c .N;~ ~,..' ::2:c_ $;" ~~-::' ..:;.J: ...::;: -< ~~~." ~"~--~"*"" c:::) ~.:.v P '1 ,,~:::- 0,_ f ,~" "".' ~',~:' ror~ ,'i--~ ~-9 --f('~' ~,;- .~~~,~ ,'~ ,-.~; (~,; I~tj' ~ _2,-,,' ':0- " t::- 'c I" ,';',., ~'~A~L-l;~1TIf,'lIll?:~l,.:L,!jJ@!~ll~~~l,~~-m~,~'L --~~:,\ll!i~~_ TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: o5:~f. 03 J. O'DONNELL, Defendant '-';;,J'l~,,,,,:,, _"" "'_-"'::"",~"r,,,,,.,,~.,_;^,,~.,,,, ^~," ,> ,__,,, "C"~__ ,'7--~"',p ,I,..~,;, "".,. _ - ",,,~'1,~" __,w..~",..,,' ,,--t, _, ,~, "',_"',~"=, ___~ ,.'" ,'~<=~.., __~ ~,~ 0'" _.' ~__._ - ._-~" =->'!"...'~ cr"~,~;'il"_ ,,"~: C5 .c!!,e'L " _""" ,""'."-;,'5<1,__,H,~, ',", '-", "'!:', ",_""nc~"< :,,~',,' . .'~~, "~. "~ .' ~~ "-"-'~O"1'f'""")lIYm"" C) '-' ~ c...) () -r; f5; -n "'/r-}, ;,'::':.' ,"_,1 ;Z:' ~,::.. :Z.J~T (n ~- t..[) E,~::- --n '.' CI 2~:,...; ,~.; =H 5>' ':::'.i2? (,,: ,-,C) , I , ~ ~;:;J~ ~i "-, - -j .-;;~. -c . 0 ::0 ~< ~ j ''r~~~;mr,,~~T'~,7 '--o~~ )_)!;J,-ifll'ii~,<~,;,J~'""", ,,'.' 'i::'",_-,' ,", ,_ " r~ ' TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire 17 West South Carlisle Street Carlisle, P A 17013 LAW OFFICES OF CRAIG A. DIEHL Date: u/? 103 f BY'~ ~ ~ Lacy . J , Legal ecre 3464 Trindle Road Camp Hill, P A 17011 (717) 763-7613 ""~~\-, " c'-_'f~';'".~;_",,-<_ ,^ ""''''~,'0.'''''''<,,,,,.,,,,_ ,__, "'.'_~ ,.. "'''" I,., .,~,', ," ,__''^,~,r, '5'-",<"--,,,,~,_,,'" ,~-", ' , ''>,''''', ., " ~ ~,'d~' ,~~ """~"", ,~ ^'l ",o",~)l[)t.;', C l..-~ ^ Q" <',"'j' ..," -- '~"~""~'~'~W', ~,~~_= 2 "'" ):; tt ;f1L.I~ >-~,.",' (})/' E5(?,' )?;; > --~j'-- ~;'''-.;, ~" ;':> ::j , E5 q~ ~~- w-m:fpjt15t',~T'r"'il-}.i;y c..- c >:: f (.,c ~:) :.J7 ....... ",~L ,~ ~ '~V,1"J~_,," ;",r1;~~!~~~~.~fi~~g~~~~~~1.1JrL~n~:~j TONI R O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Toni R. O'Donnell, do hereby affirm that the original return receipt of the Conciliation Directive and Complaint for Divorce and Custody sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Robert J. O'Donnell, is set forth below, The undersigned understands that the statements herein are made subject to the penalties of 18 P.S, ~ 4904 relating to unsworn falsification to authorities. iif "ompiei~ Tiems-' 1:'2, ^an~r3:' Al~o complet~ item 4 if Restricted Delivery is desired. .' Print your name and address on the reverse . ,so that we c,an return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: to13G'~1 J- OIDOtJNEI-L.- Viq PI P(?"1-1 N ~ fZ-O NGVVVII...L-E PA- !1-Z....{1 , fteliv~ to addressee ontl 3. Service T16 o Registered o Insured Mail o Express Mail o Return Receipt for MerchandiB.e :' DC,O,D, . -' 2. Article Number (Copy from service IOOeO 100~~\f~h~t> ~~,.' PS Form 'it ~ l " ' ' '.6dmestic'Ret~n' "." 'i'102595-00"M-0952 . LAW OFFICES OF CRAIG A, DIEHL Dated: 1/3/0 iJ.... inda A. Clotfelter, Esquire ttorney 10 No, 72963 3464 Trindle Road Camp Hill, PA non (717)763-7613 -"",t":""ltij .,. - ~~~, ,~,',,~. '--'- "''="',"I~,~~ , . ,,'~ , TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Robert J. O'Donnell 299 Pipeline Road Newville, P A 17241 LAW OFFICES OF CRAIG A. DIEHL Date: 1/8/02.... ~ ~ ,/ , By: "//" , ?JfJtJLU hJ?J.J /Steph eA. Moo;?, Legal Secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 "~"'~TT..__,,~ ';',-;' "".,_ ,,,' '." '0 >"I~"" 7'.' . " ,'~" ,,', . .~ ,".,~, """" - ~" = ~__ ,~.". "'~_ '^ ". ',"" ,'_' ~"Ad "~"M-'" _'~"" ','--"'~'-=""' ,,-, ,_,='"'......''' m "<,-;.""'<. ",...,",..~",~., ",,~ - - <,. OJ ~ 52 (') ~1 c::: I' ~... .::t:.. ?;: +- ~, ;:g f~ (" ~h_ "._~U ., D 7r'- Z c)5 ~<>-, ~ '" -< 'S': "'\ r:;";;o;" ~ :-- "-", ~ -YJ ~O ;;" ~O 'Sl- -'C.: ~) :z ::;! I ..c: (, <>Q " .' ','i I .1 , :1 , , , ,1 J :'1 '1 , , ~: ;:] JIl!J~ '"""''''' 1~'j)1if}~{Ull~~ "~ ,II ,lm~,~,~~~f'f;-;\'1;"''''~1''i",;,~'mp-ir;"~,Oj-;,,,,-,,,q~~''~mfff.~!ij(fff~-i,0.Pim;'l>>P~~~~J)il~i!t;~ ;~ TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw Plaintiffs economic claims filed to the above-captioned proceeding. Respectfully submitted, LAW OFFICES OF CRAIG A DIEHL da A. Clotfelter, Esquire A omey J.D. No. 72963 2164 Trindle Road Camp Hill, P A 17011 (717) 763-7613 i'"'1i'~~;t ",," , " '" T-;::f\\'~/c,,,,,,-,;r/"j, ,^,__''-''''::~(''''''''''''_ "'-""__'_"'~'_~ f";'. "r :': _ ':'"':';'-~::"""'? r,~.:,'__.' ':',-,c'o'~ ,_, __; ,,' " ^ ' iIr;~ -". .,,,," '~ ,," ,~, ~ ""CO "~-'_',' ~<. -""""" ,--,-,,_"::;:"" "_' _j. ~"",~,':': ~c,-; :-l,~ ,.co ~."''''h, 'Z '_..___~ " ,,". '.",.h .\C' "~,,,""~-,,~, ~.~ ,,~ ~<...,-~'" 6' ~l () s::: _$: ,VI.--"- If f3f~:''- :Jl' ~.' .cC ""C -,r:;;,;' ..... =< ~-, t,(,j -,-. ..", .~ _h" ~{i!/ _S;! ::c "" lCJ '. ;0- lO " ",__"".",-'A',Z<,',~~;~_,"~,Vc",""J, J~~,\!',,,J~1~,,~;r.>'f-~f,~~~'~'\'~,:;)!,~if\',~r~_;X"r:~!~~~:!,!~~;. -~'~~~k t" .' TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-7054 CIVIL ACTION LAW ROBERT J, O'DONNELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~~ day of F~ ' 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Toni R. O'Donnell, and the Father, Robert J. O'Dounell, shall have shared legal custody of Shane M. O'Donnell, born April 16, 1991, and Cory A. O'Donnell, born February 12, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 4:00 p.m., beginning Friday, February 15, 2002. In addition, the Father shall have custody of the Children during weeks following the Father's weekend periods of custody from Wednesday at 4:00 p.m. through Thursday at 7:30 p.m. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 10:00 a.m., and Segment B, which shall run from 10:00 a.m. until 10:00 p.m. on Christmas Day. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 2:00 p.m, through New Years Day at 10:00 a.m., and Segment B, which shall run from 10:00 a.m. until 10:00 p.m. on New Years Day. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. For , i";"r,;:jj~'m, - ,~_;~_r~ . ,\ 'l--~=':" -" ,,' , . purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Eve. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children from 9:00 a.m. until 7:00 p.m. on the following holidays: Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day. The alternating holiday schedule shall begin with the Father having custody of the Children on Easter in 2002. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Children for two weeks (consecutive or non-consecutive) vacation each year upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule a period of custody under this provision to interfere with the other party's period of holiday custody, unless otherwise agreed between the parties. 6. The party receiving custody shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed. 7. In the event either party intends to remove the Children from his or her residence for an overnight period or longer during a period of custody, that party shall provide advance notice to the other party of the address and telephone number where the Children can be contacted. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Linda A. Clotfelter, Esquire - Counsel for Mother Robert J. O'Dounell, Father ~~d"()j..O;J,., 9- ,-,"jiI~~~",,- ',~,<>r_"-> ,', '" yp~ ,,- "",~~, ""''I' '" " ~ _.'~,,~ ~ '" "~""'""W"""" ,. "rD'llliliUIlfTrliliir""f:j " , 0 \f1NV'^l,~SNN3d I "lnOr) mVI>j:J8!1~n" 1\..Ll'l! .... ,_" '. ..._.J__i', V t>."~,~,~, ~f~::: 6 I :8 w.~ I - ~\i~lZO AtJ\;;,L01'.r:~''')' j/""1 t 'f"-,. I "~;,-Ii J::"....' J;:'i i or, ; ~ .:::i) .. , _ _,0><;', '.' ,,~_,' _ ~""'" f ,,'~~"~'" ~ ~"~r",_,l!l,~R1 ~ ," ,T\!l'i!~~t~'1'.!J,:Clll~ 1JI[,__," """__"('~w-,~11'r'1':-i,,;'~'::.w<,\,,'(\rr,'-,,j,,':":z"''!~~lW~~~~~~~j-i'\ -~1 - " ." ~ -" v . TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-7054 CNIL ACTION LAW ROBERT J. O'DONNELL, Defendant 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shane M. O'Donnell Cory A. 0 'Donnell April 16, 1991 February 12, 1993 Mother Mother 2. A Conciliation Conference was held on February 14, 2002, with the following individuals in attendance: The Mother, Toni R. O'Donnell, with her counsel, Linda A. Clotfelter, Esquire. Neither the Father, Robert J. O'Donnell, nor counsel for the Father appeared at the Conference. The Mother's counsel served the Father with notice by certified mail. The Mother indicated that in conversations with the Father, the Father indicated he did not intend to attend or participate in the Conference. 3. The Mother stated that since the parties' separation in April 2001, the Children have been residing primarily with her and the Father has had custody of the boys on alternating weekends and alternating Wednesday evenings. The Mother expressed concern that, on occasion, the Father has not picked up the Children as planned. The Mother also expressed concerns regarding the Father's threats to abscond with the Children. The mother stated that she believes it is important for the Children to maintain their relationship with the Father and proposed a custody schedule basically confirming the existing arrangements with additional provisions to address some of her concerns. 4. Based upon the statements made by the Mother at the Conference and the fact that the Father did not appear or contact the Conciliator, the Conciliator recommends an Order in the form as attached. The Father may file a Petition with the Court if he wishes to have the custody arrangements reviewed or modified. /l j! I K(~.<-rMd ! 1/ .Joocr ~~ Date Dawn S. Sunday, Esquire Custody Conciliator c",''''3,'$'-;':',+,. _.. , ,_ _ <~_ _ -,,,!; " ',,> , ~ . . ~" ~~ , . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONI R. O'DONNELL v. 01-7054 CIVIL ACTION LAW ROBERT 1. O'DONNELL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 24, 2002 , upon consideration Of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mecbanicsburg,PA 17055 on Wednesday, July 31, 2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow 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 Cnstody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl ~v Dawn S. Sunday. Esq. M 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 "j'~W~,lj[!liJ:-,,,~,.,, '"-'" " _",'_, ,L '_".. ',_ C', <, 'c " 1 ','~ "-'''7' ." u ~-fw!J ~~ ~~Z~At/-~ ~fi'~~~n 1'~IS'I,r:;J VIN\!\!"""":;r,,^,n:) ,.(\~n Il.~\ r,rl.H,.~t,llj, I i,lNi jl'-.-J,_/ ,-,"" ,.",-- . ['"'0 . '"7 LJd (',2 \4n G 9~ ~v.-. ~. , '0 .,., ",I :1' j' '-'-;_, ' ,. ':__ I ;; ~:__~,' ;"':.'- A\:l'i l\~'O:'':, ~;liCK':i31lj :J _~, tl~ ="~o "" -.. iJlJTiirY'T!,,'f (" CJ. ,.rr>-f @~~.1 ("r?-...5C'='f/ ,~.~~""=, , I' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7054 CIVIL TERM TONI R. O'DONNELL, Plaintiff/Respondent : ROBERT J. O'DONNELL, : DefendanUPetitioner : CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2002, upon consideration of the attached Petition To Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of , 2002 at _ A.M.lP.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order BY THE COURT, BY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .' .~ . - -1' ,- " Ii 'i I' TONI R. O'DONNELL, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7054 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY v. ROBERT J. O'DONNELL, : DefendanUPetitioner : PETITION TO MODIFY CUSTODY AND NOW, comes Michael A. Scherer, Esquire. attorney for Robert J. O'Donnell, and respectfully represents as follows: 1. The Petitioner/Defendant is Robert J. O'Donnell (hereinafter referred to as "Father") who is an adult individual who resides at 299 Pipeline Road, Newville, Cumberland County, Pennsylvania. 2. The RespondenUPlaintiff is Toni R. O'DonneU(hereinafter referred to as "Mother") who is an adult individual who resides at 50 Eberly Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the parents of two children, Shane M. O'Donnell, born April 16, 1991 and Corey Adam O'Donnell, born February 12, 1993. 4. By virtue of an Order of Court dated February 28, 2002, Mother was awarded primary physical custody of the children. A copy of the February 28, 2002 Order of Court is attached hereto as "Exhibit A." 5, Father was led to believe that the prior conciliation was canceled and thereafter received the February 28, 2002 Order of Court. Father desires more time than was afforded him in the February 28, 2002 Order of Court. I ~" - ~ . i WHEREFORE, Father respectfully requests that he be awarded shared physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER M~~~, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domesticlcustody/o'donneIJ.pet '.T.I f"~ - -,' ~~- Ii .' . , I VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATED: c;?~. /~ t:?0I ""11fiil'''-"''~-;;''''l' -, """ "'-'l. """0' ~".~~""- . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 01-7054 TONI R. O'DONNELL, Plaintiff ROBERT J. O'DONNELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this. ~~~ day of F~ ' 2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Toni R. O'Donnell, and the Father, Robert J. O'Donnell, shall have shared legal custody of Shane M. O'Donnell, born April 16, 1991, and Cory A. O'Donnell, born February 12, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 4:00 p.m., beginning Friday, February 15,2002. In addition, the Father shall have custody of the Children during weeks following the Father's weekend periods of custody from Wednesday at 4:00 p.m. through Thursday at 7:30 p.m. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 10:00 a.m., and Segment B, which shall run from 10:00 a.m. until 10:00 p.m. on Christmas Day. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 2:00 p.m. through New Years Day at 10:00 a.m., and Segment B, which shall run from 10:00 a.m. until 10:00 p.m. on New Years Day. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. For "EXHIBIT A" H0),.c-,c;;'~~;>:j"", ~ ~ - r"~'''''''-' ~- -.~ 11II" , ,_4~ ~. 'l~ "f,<"''''UJ<.'-''''''- -,- " ,,,' ~'~" -, -." . purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Eve. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children from 9:00 a.m. until 7:00 p.m. on the following holidays: Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day. The alternating holiday schedule shall begin with the Father having custody of the Children on Easter in 2002. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. S. Each party shall be entitled to have custody of the Children for two weeks (consecutive or non-consecutive) vacation each year upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule a period of custody under this provision to interfere with the other party's period of holiday custody, unless otherwise agreed between the parties. ; 6. The party receiving custody shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed. 7. In the event either party intends to remove the Children from his or her residence for an overnight period or longer during a period of custody, that party shall provide advance notice to the other party of the address and telephone number where the Children can be contacted. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Linda A. Clotfelter, Esquire - Counsel for Mother Robert J. O'Donnell, Father t. f'11f: r::,~,7":.v r::n('l:;,q 'R0"'Ol=l1-"1o ". "." '-J ..."-' g \ ~ "..'P',"'~ ~ ,.....,\,J ..1.1 1;- - 1" ,j-'<" , j E,:~t my band -, .' ": - 'j ; \ ,., \9 f'~' :" t r~.::> ri,..:~tp. 0.... , ~,_",..J ~ _;_,~,_~ """. '''''~' l...",-,,~ ra. !,4J- (:)/:.:.y vi ~ t;; d b-O :z..., __~.J~1I.t 0. .I ../ ~. I . Prothonotari illi.) ~',\;,\",,'H"44-"-,ffl',~r~_~___y ,,, ~ ,_ > ~~ ,_ r __ IJ _U "tI.J_: t'" ~_"~~ r~ ", u m '11 ,~'" ~~ ;" ",~-~.~. ~=t~- e, -~ =. ,<t-"".,.". ~ ~~ ,- TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-7054 CIVIL ACTION LAW ROBERT J. O'DONNELL, Defendant 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shane M. O'Donnell Cory A. O'Donnell April 16, 1991 February 12, 1993 Mother Mother 2. A Conciliation Conference was held on February 14, 2002, with the following individuals in attendance: The Mother, Toni R. O'Donnell, with her counsel, Linda A. Clotfelter, Esquire. Neither the Father, Robert J. O'Donnell, nor counsel for the Father appeared at the Conference. The Mother's counsel served the Father with notice by certified mail. The Mother indicated that in conversations with the Father, the Father indicated he did not intend to attend or participate in the Conference. 3. The Mother stated that since the parties' separation in April 2001, the Children have been residing primarily with her and the Father has had custody of the boys on alternating weekends and alternating Wednesday evenings. The Mother expressed concern that, on occasion, the Father has not picked up the Children as planned. The Mother also expressed concerns regarding the Father's threats to abscond with the Children. The mother stated that she believes it is important for the Children to maintain their relationship with the Father and proposed a custody schedule basically confirming the existing arrangements with additional provisions to address some of her concerns. 4. Based upon the statements made by the Mother at the Conference and the fact that the Father did not appear or contact the Conciliator, the Conciliator recommends an Order in the form as attached. The Father may file a Petition with the Court ifhe wishes to have the custody arrangements reviewed or modified. ;; J:(Jr.A.f'k(} /i, ;Jcoif ~YLc~ Date Dawn S. Sunday, Esquire Custody Conciliator ':q~.'im""w~r'_1_1 /;^~,<; - " ~ . -". ^ , -~ ~ r'" ,J " " ,~ ,1IIl _ .", ~,~, = p ~ ...,. -~'""'- .. ~..""." -~ '.v..,,' "~-- .', ,-",-",,, '""~. . "', ,,--, "--' """'''''''~~-~- . aU-fa iliT'lr 1"(' ., (") c' 0 ~ C- ('0 *"rJ ",. (" \"~ tTi ~ r 9!J;i~ S~ " ~ ~ r= Jf m r; ,!:"' ~~ -<""0:' -- ", ~0 I'.> ." .- ~ w :-.:K: l,. ~ '"', "\ w r"')f'Tl ,~ :z s;! & :;! ,'V ::0 ~--...Jf -< '.,'......... IJm_,M~iN~"..,L..,,'"~~M!;Jillllff,,;/Ii1lI~'l;l->JlM$~$Rj'-~1J"~~~'!,I~~%"Wm}M,'j1~",S",l'W'9"';"'" '-"'(! ""-~\;' ." "8~';9~,,",;;-"),;!j;~:""',<,W.fi'-fl(f";".~1r"1'}'C;}.i't;F>i:0;,iiji%"j;jjjN!ilfF'~W~e>",'; ~'-<-'-'~n. L' ~.:. .'" \.'...... TONI R. O'DONNELL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, DefendantIPetitioner CIVIL ACTION - LAW DIVORCE AND CUSTODY ANSWER TO PETITION TO MODIFY CUSTODY AND NOW, comes Toni R. O'Donnell, Plaintiff/Respondent in this proceeding, by and through her connsel, Law Offices of Craig A. Diehl, and respectfully responds to Petitioner's Petition to Modify Custody as follows: 1. - 4. Admitted S. Denied. It is specifically denied that Father was lead to believe that the prior Conciliation was canceled. In further answer hereof, DefendantlPetitioner was served with the original Complaint for Custody and Order of Court Scheduling Conciliation by Certified Mail, Restricted Delivery, Return Receipt Requested, as per the Affidavit of Service filed of record in this proceeding on January 4, 2002. (A true and correct copy of the Affidavit of Service is attached hereto as Exhibit" A" and is incorporated herein as if fully set forth.) Moreover, Petitioner was notified of the rescheduled date for the Conciliation Conference by correspondence dated January 16, 2002 (A true and correct copy of the correspondence is attached hereto as Exhibit "B" and is incorporated herein as if fully set forth.), which enclosed an Order of Court rescheduling the Conciliation for Thursday, February 14,2002. (A true and correct copy of the pertinent Order is attached hereto as Exhibit "C" and is incorporated herein as if fully set forth.) DefendantlPetitioner specifically informed 'ji_m""".,, -'",,'~__~, ""_~"~'~ " "',~~, ,~_,.","_~,,,,,",r>, """""~ .-,,--, "1' . , ~ ii,,~" f /. .. ./'. ','I... Plaintiff /Respondent just prior to the Conciliation Conference scheduled for February 14,2002, that he did not intend to appear, and in fact, he did not do so. On the date of the Conciliation Conference, counsel sent DefendantlPetitioner correspondence outlining the resulting Order entered in his absence, same having been mailed to him by first class mail on that date. (A true and correct copy of correspondence is attached hereto as Exhibit "D" and incorporated herein as iffully set forth.) Despite prompt notice of the Conciliation Conference of February 14,2002, and the resulting Custody Order, DefendantlPetitioner did not contact counsel for PlaintifflRespondent nntil counsel received the Petition to Modify Custody on Jnne 17, 2002, approximately four (4) months later. DefendantlPetitioner's conduct throughout this proceeding and the related divorce proceeding has been irrational and nnacceptable. DefendantlPetitioner has left numerous threatening messages for PlaintifflRespondent and has repeatedly used the children as pawns in this proceeding, at times questioning them about their Mother's relationships, with some of these discussions resulting in violent outbursts by DefendantlPetitioner. The Pennsylvania State Police are currently investigating the repeated, threatening phone messages that DefendantlPetitioner has left for PlaintifflRespondent and it is anticipated that the Cumberland County District Attorney's office will be pursuing criminal charges against DefendantlPetitioner for same. Despite Defendant/Petitioner's repeated, nnacceptable conduct, Plaintiff /Respondent, to date, has not taken any steps to limit DefendantlPetitioner' s contact with his children. ,"~P~.,_..:!L "-~"-'~~'-o/.'~~_~ ,_~=",'_.,,__ ^ '.^_ I~~' .' "^ '-.' 0" .., ~ 0 , ~ iTi ." .. ./", " ~ ~ WHEREFORE, Plaintiffi'Respondent, Toni R. O'Donnell, respectfully requests that this Court deny DefendantlPetitioner's Petition to Modify Custody, and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date:-J-f )..J.) 0 J.. , L' da A. Clotfe ter, Esquire S reme Court I.D. No. 72963 64 Trindle Road Camp Hill, PA 17011 (717) 763-7613 ,'-~<R:"""''''iI , ,~" .. "c~, _" "~< ~. , I~ ".. ,-- - ,-~" , ,,"-, '" ~'" , ~ "'~' _~nTI ;. ,. J~' l" TONI R. O'DONNELL, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, DefendantIPetitioner CIVIL ACTION - LAW DIVORCE AND CUSTODY VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: '] I:;. ~I f1Jl f 0ni f tY1J~ TONI R. O'DONNELL, PlaintifflRespondent '-:;",J~ij~iij:I"'tIl.ri:,o ~~ ~~ "',~." o ,. ~~.,~-~, "':~---""1"' " J. '. ,'. ',',1 TONI R. O'DONNELL, PIaintiffIRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant/Petitioner CIVIL ACTION - LAW DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire 17 West South Street Carlisle, PA 17013 LAW OFFICES OF CRAIG A. DIEHL Date: tJ/J./OJ- BY~~~2 /Steph . eA. Mo , Legal Secretary 3464 Trindle Road Camp Hill, PA l7011 (717) 763-7613 ';--e!Nii1"!.!;1,l~ Xc_, , " __ -,_,__ c>_',',~><;, , ","'~"'" '''"~,,I,__ -c ,~_, .' -, _ ^ ",__, - ", " ,~, ". 'H 7_" ?,"'l!' --" - . '. ,iI'~~", '0, .."., ~w"~, ~_ ~~O, , I~e .., "_"~ -, " ~_, EXHIBIT "A" ".. , ,,~ ~, , ,'. '-" . ,,,,"',, ",-, Ii ~i ~.: ~ S 11i iii -:1 ;:;1 ":1 ii i: A .,it i~! '-'I! ~;:I __'Ii !:i ~)! i,j 'i" " Z'~~0i""'.""'I'~'1' . ." ;. ....., '. TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 o C) o ,"'-,) '~:f1 ~-; , \- -0 65 ~~~ [Tln' . -.- 2:1:.-' I ~~~: '~t~ )-:::C> :0: Q t"--:J ~j ~ c_ .. -I I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Toni R. O'Donnell, do hereby af~ th8!, the~i original return receipt ofthe Conciliation Directive and Complaint for Divorce and Custody sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Robert 1. O'Donnell, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. S 4904 relating to unsworn falsification to authorities. _,_I ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW DIVORCE AND CUSTODY ,''''--1 :\ .- ~~! AFFIDAVIT OF SERVICE . Complete items 1, 2, and 3. Also complete item 4 if Restricted Detivety is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 12.oBE"~, .J OIDOtJI\lEL.L.. VVl PfP~L.iNt::' J2-D NG\lVVI L.LE PA (1-1-4 I t1e\iver to address~ D\'1~;: 3. Service Typ:l: J&;-cl!Jtifl"iiif'ti4'iWi 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4: "'ReSf~Ct~d DeliV~rY?-' (Eki;a'_:Fae)'j;j'~,~ft~.-~p:i:';',i.y~gfl;" Domestic Return Receipt 102595.00-M-0952 \ LAW OFFICES OF CRAIG A. DIEHL Dated: i /3 J /) J..._ ~ By: 1.A -V . ~ 1 / inda A. Clotfelter, Esquire ttorney ID No. 72963 3464 Trindle Road Camp Hill, PA 17011 (717}763-7613 , , ,-"-'~~"'. ,- 1_"", ,,'" _""k' '-"~__,""""I~">"',"~" o~_. '" " ., ",,__ ,"~'J ,< ,.. . ~"'. "'ii 'j " -. . . . . ,', . TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-7054 ROBERT J. O'DONNELL, Defendant CML ACTION - LAW DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: i :j ~ , I , I I ~ , ~I ;1 "~I Robert J. O'Donnell 299 Pipeline Road Newville,PA 17241 ': , LAW OFFICES OF CRAIG A. DIEHL Date: 118/02-... By: /Step e A. Moo e, Legal Secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 \ \ ~, ~, , ,~ f '~-'T: :,_1'131 '''',' '~"'""_."'''''~_'''-:'?''^'", c.,_<p~, >. ',",>__' ". _, '0 ,'~I"" ~_\, -- '-'~ '..'' ,_ ..':'CT." ' , "'"^"-' ~. '---' ' :~ , " . . EXIDBIT "B" ~""'''----' ~ :~" "..,,,-,,~- .--->","-~-~ ' '~"'-,, ""',>-,,,,,,, ~,"C-'I' "",,'''','"' , Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill. Pennsylvania 17011-4436 .' , ,; Telephone (717) 763-7613 Telecopier (717) 763-8293 Craig A. Diehl. Esquire. c.PA. Linda A. Clotfelter. Esquire January 16, 2002 In Spring Grove. Pennsylvania I 19 West Hanover Street Spring Grove. PA 17362 Telephone: (717) 225-1929 Robert J. O'Donnell 299 Pipeline Road Newville, P A 17241 Re: O'Donnell v. O'Donnell- Custody Conciliation Dear Mr. O'Donnell: Please fmd enclosed the Order of Court with the rescheduled date for the Conciliation Conference. As you can see, the Conciliation Conference is now scheduled for Thursday, February, 14,2002, at 10:00 a.m. The specifics of the location of the Conference are included in the Order. Hopefully, this matter can be resolved amicably and without Court intervention. Should you have any questions or concerns, please feel free to contact the undersigned. Your time and cooperation with this matter is truly appreciated. Very truly yours, LAC/sam Enclosure 1fW.r '", Ml,:" "' _.- '.~.oi"'" '~~,'. "-'''',,'';~_, ,,~___,,^, ~ ~,_, ~"'-"l '~:""~'I~'_ ,_' ,~ .,- . "" ,',", ----~, ," ','--'- ,... \"~~Y" qJ '''"',_"' " '-' <-; . . , "~ ."..' '. EXHIBIT "c" . . " r-. " < vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM TONI R, O'DONNELL Plaintiff NO. 01-7054 ROBERT J. O'DONNELL, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 14th day of January, 2002, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, ESQuire , the Conciliator, at 39 West Main Street. Mechanicsbnre, PA 17055 , on Thursday. February 14. 2002 ; at 10:00 a.m. , for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or ifthis CalIDot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, cO~~~ Dawn S. Sunday, Esquire Custody Conciliator The Court of Common Pleas of Cumberlalld County is required by law to comply with the Americans with Disabilities Act of 1990. For infornlation 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 Ayenue Carlisle, PA 17013 Telephone (717) 249-3166 ~..IT,.,. ~~J!I)'" ,_", ~'< '"~r',~. ""...',.=., ,,~ .~...,--" ~,~-",--. ~~~.. .'-', i;~ "0" ~ __~,<"" '" - ~,__ "'," .- , ., '. EXHIBIT "D" , ",'e" . . .> Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, Pennsylvania 17011-4436 . .. ~ " , , , Telephone (717) 763-7613 Telecopier (717) 763-8293 February 14,2002 In Spring Grove, Pennsylvania I 19 West Hanover Street Spring Grove. PA 17362 Telephone: (717) 225-1929 Craig A. Diehl. Esquire, C.P.A. Linda A. Clotfelter. Esquire Robert J. O'Donnell 299 Pipeline Road Newville, P A 17241 RE: O'Donnellv. O'Donnell- Child Custody Dear Mr. O'Donnell: As you know, a custody conciliation conference was scheduled to take place on this date in the above referenced matter per the Order of Court served upon you. Please accept this correspondence as notice of the outcome of the conference that was held in your absence. More specifically, an Order of Court regarding the custody of your two sons, Shane M. O'Donnell and Cory A. O'Donnell was entered by Dawn S. Sunday, Esquire, as the conciliator on this date. Although the Order is effective as of today, you will not receive a copy ofsarne until it is prepared and processed by the Court. We would anticipate that you will receive a certified copy of the Order of Court in approximately two weeks. For your information, the Order includes the following terms: 1. Both parties shall share legal custody. Legal custody is the ability of a parent to participate in making decisions for the children and it permits the parent access to school and medical records. 2. Mother shall have primary physical custody of the children and Father shall have partial custody as follows: \ A. Alternating weekends from Friday at 4:00 p.rn. through Sunday at 4:00 p.m. beginning with Father having custody Friday, February 15, 2002; and B. Alternating Wednesday evenings following Father's weekend of custody from 4:00 p.rn. Wednesday through 7:30 p.m. on Thursday, beginning February 20, 2002. ,;;,m-:~""",,,,- '"""~'" -" , ,7"'1-.' ., ,'-"',.","" c",' _P_""'" ;,>'_''',' ~ ,__ . "', "'___, .<"' ~ ,"~ , ,~ ~. .. " .-- " ~ '\'," Robert J. O'Donnell February 14, 2002 Page Two ~"" '.'-"~~-- ".~,;r2 ~,;.,:<.,." ""e,",~. 3. . The parties shall alternate the following holidays: Easter, Memorial Day, July 4'\ Labor Day and Thanksgiving, beginning with Father having custody on Easter, 2002. The holiday periods of custody shall be from 9:00 a.m. through 7:00 p.rn. . 4. Christmas shall be divided into two custody periods which shall be alternated by the parties annually. The first Christmas custody period shall be from 2:00 p.m on Christmas Eve through 10:00 a.rn. on Christmas Day, and the second Christmas custody period shall be Christmas Day from 10:00 a.rn. through 10:00 p.rn. Father shall have the children during the first Christmas custody period during even numbered years and Mother shall have the second custody period. During odd numbered years Mother sha1l have the first period of custody and Father shall have the second period of custody. s. The New Year's holiday shall be divided into two custody periods which shall be alternated by the parties annually. The first New Year's custody period shall be from 2:00 p.monNew Year's Eve through 10:00 a.rn. on New Year's Day, and the second New Year's custody period shall be New Year's Day from 10:00 a.m. through 10:00 p.m. Father sha1l have the children during the first New Year's custody period during even numbered years and Mother shall have the second custody period. During odd numbered years Mother shall have the first period of custody and Father shall have the second period of custody. 6. Mother shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's Day. Those custody periods shall be from 9:00 a,m. through 7:00 p.rn. 7. Each party shall be entitled to two (2) weeks of custody during the summer for vacations upon thirty (30) days written notice to the other party. Unless mutually agreed by the parties, the vacation periods cannot impede the other party's holiday custody time. 8. If either party removes the children from their residence for an overnight trip, that party must inform the other parent of an address and telephone number where the children will be located. \ 9. The party receiving custody is responsible for providing transportation for the children. "^.-<::,-,;> ',"r"',,,, ,',",~.___ ..-'1-' , . .., ". ;"~''''~'~$!.~U J, ,--a . .r . ....... ','or Robert J. O'Donnell February 14, 2002 Page Tbree We anticipate that the final Order of Court will have additional terms and will clarify in more detail the schedule summarized above. You should defer to the language of the Order of Court when you receive same. We also stronglv suggest that yOU seek legal connsel and have the legal ramifications ofthe Order of Court explained to vou. We anticipate your cooperation with this matter. cc: Dawn S. Sunday, Esquire Toni O'Donnell , . ., "j.. . '-",,<".- ,~,'~,'I','P' ',,^--_'," <"-",~,=fi.."" q ,<"' ,~.'''',P,,~"'<f "'.'~'- III ," . ", TrIl'llli ,~~~~A ^'~__"" ,~J..H~)R",c~' "ff'~-,' "l . ~- ~~~~ -, 'co, . ~~ < . fi , ~ 0 ':.".1 0 C r....,j " -, ~: ~ v C:.J :f) :n rrl L~ ;; , "'1"1 < " (/'J C C' Y -' " .. ,-. r.~: :-~} ,~ " .."~: ::> C) {:) 0 z:, C) (Jm ~6, ~~ '-:? -~-I ~ ." ~ I":> -< .,~~..~~__.~",-,_'>,"'~' .J] f---c' , .,o/'~~f.:'l'p~"-r,I":'#'p~~. ;'-'-'~.)~ ',-, < +;,Jt~, ~"~"-,r'4"~"'__""r~__'p,,,,:~~"i "A)'if!-; vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 01-7054 TONI R. O'DONNELL, Plaintiff ROBERT J. O'DONNELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ,~I'\ day of ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 28, 2002 is vacated and replaced with this Order. 2. The Mother, Toni R. O'Donnell, and the Father, Robert J. O'Donnell, shall have shared legal custody of Shane M. O'Donnell, born April 16, 1991, and Cory A. O'Donnell, born February 12, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. Each party shall keep the other parent advised of any significant issues affecting the Children and shall encourage the other parent's involvement in co-parenting the Children. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday after school through Sunday at 6:00 p.m., beginning Friday, September 13, 2002. In addition, the Father shall have custody of the Children every week on Mondays and Wednesdays from after school through 8:00 p.m., with the option to have the Children overnight on Wednesday when the Father does not work on the following Thursday. 4. The parties shall ensure that the Children are able to attend all regularly scheduled activities and shall cooperate in adjusting the weekday schedule if necessary to accommodate the Children's activities. S. The parties shall share or alternate having custody ofthe Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 10:00 a.m., and Segment B, which shall run from 10:00 a.m. nntill0:00 p.m. on Christmas Day. The Father shall have ,,;~~7],B~ ,,' . , '. ,~-,-,~,?-- ,~, ". ","','>;1"_" -F'''"." _~,<- ,^, ",-"1'" " > ~.~~, .. ~--~ ,~~-----" custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 2:00 p.m. through New Years Day at 10:00 a.m., and Segment B, which shall run from 10:00 a.m. until 10:00 p.m. on New Years Day. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Eve, C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children from 9:00 a.m. until 7:00 p.m. on the following holidays: Easter, July 4th and Thanksgiving Day. D. MEMORIAL DAYILABOR DAY: The Father shall have custody of the Children over every Memorial Day holiday from Thursday after school through Monday evening at a time to be arranged by agreement between the parties. The Mother shall have custody of the Children over every Labor Day holiday from Thursday after school through Monday evemng. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. nntil 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Unless otherwise arranged between the parties, the Father shall pick up the Children at school at the beginning of weekday periods of custody and the parties shall exchange custody at the end of those periods of custody at the Newville Laundromat (Routes 233 and 641 in Newville). Also unless otherwise arranged by agreement between the parties, the Father shall pick up the Children at school for weekend periods of custody and the Mother shall pick up the Children at the Father's residence on the alternating Sunday evenings. The parties shall share the responsibility for providing transportation for holiday exchanges of custody as arranged by agreement. 7. The parties shall continue their efforts to establish summer custody arrangements by agreement. In the event that the parties are nnable to reach an agreement by February 1, 2003, connsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference for the purpose of addressing the summer custody issue. 8. In the event either party intends to remove the Children from his or her residence for an overnight period or longer during a period of custody, that party shall provide advance notice to the other party of the address and telephone number where the Children can be contacted. .,;]'~~j!l;:::r:'gr_, '''_C_,",- c- "0_ '" "' 'f'-,' ,. , ,., l' '" ,',' <, ~--, ."',' - ~, , "'T'~"'~ sf'-'-"l>~,"""'~" 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL Edward E. Guido, J. cc: Linda A. Clotfelter, Esquire - Counsel for Mother Michael A. Scherer, Esquire - Connse\ for Father ~ ~ 9~13-IJ;o 9- ';'!~J.jl1jjtj,!lt!f,~ "," ~,~,~,' "," ~" .'.' ,'. '1-1'"'" ,- ,. ,~ c,. ""'~ . "-~ TONI R. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-7054 CIVIL ACTION LAW ROBERT J. O'DONNELL, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shane M. O'Donnell Cory A. O'Donnell April 16, 1991 February 12, 1993 Mother Mother 2. A Conciliation Conference was held on September 5, 2002, with the following individuals in attendance: The Mother, Toni R. O'Donnell, with her connsel, Linda A. Clotfelter, Esquire, and the Father, Robert J. O'Donnell, with his counsel, Michael A. Scherer, Esquire, 3. The parties agreed to entry of an Order in the form as attached. ~ A'h hv. ~ J.e'J?:i9 Date I Da~ Custody Conciliator .,~j"""'I",~: '~.,.. ," '., ,~..', e ,-, '~,l' ,~ <,,0 ..~~,"~ , ;,:~ ~ \~"f" "'1J~' N 1f\;:;j\JAi::;1\r, 3d JUNfl:....::-1 i,J"~l..!-J":','rVl '..',,' "" '~,,:,~f:-~'l~ IV ^C' ." I.' . tl.J 'c, /d z d]S At1vlD;'J"", '.'.""'~ jO :;JL.::Ci"-o:r!,'~3 ~_n .".~~"i'r~_ >__T ~~_Ji..,,~ " " .- ~lI1iW_j~~_;?''''ic"o<t:'I;oj'-,,;'.p,1jl'''':',~J"W;~1it1lJ.9i~~t~~~~%f49~~9;:"-\Sl1l#1rJ:~~t,;;, 'N~~ SOCIAL SECURITY INFORMATION SHEET (**THIS INFORMATION MUST REMAIN CONFIDENTIAL**) PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE: June 9, 2003 DOCKET NUMBER: 01-7054 PLAINTIFFIPETITIONER SS#: 203-62-0733 NAME: Toni R. O'Donnell DEFENDANT/RESPONDENT SS#: 522-94-5564 NAME: Robert J. O'Donnell " " '<"""',,,,,,,,,,,, . ,,- ," <^ ,7",~",. '> .c, ~;, ~__. KVC<' p.., ." .,;?,__" ",!'~'r""',"'~"':, ' __n. ,__,.., .. ~-- -- "~ . "- ,",