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HomeMy WebLinkAbout99-00350 (2)\. J Rq w W .u 44 q C9 o ,H 4J ro i s N C ? HI a I v G1 - - ? a 4-1 . U >? 'i 0.? O p a) W q ? g G y C' W `ry7 q rt? O C Ci t F a z z G :J ?.? N ti o c? N T ? Z C? G rt; l? '? 7 U n? z x a rt, O w v r 0w z D Kv, x W vi ;a G rt CW f? 7 C7 T ?a P, rr, GL LNN M, PLANK, ,R, Plainti l'fs Vs, IN TI-IF COURT ON COMMON PLEAS (,IIMBI-RLAN1) COUN'T'Y, PENNSYLVANIA BARBARA ANN 00(,11)1Z1C'l1, NO. ?Ij ?,?Sr , 1999 Defendant CIVII, M."PION-LAW AND NOW, upon consideration 0I* (lie attached Complaint, it is hereby directed Thal the parties and their respective counsel appear belore the Conciliator, on ?? - { - -1 Y q tic _. 1. day ofd 1999 at the office of Said conciliator located at for a pre hearing custody conference. At such conlcrr nee, an effort will be made to resolve the issues in dispute, or ifthis cannot be accomplished, to define and narrow the issues to he heard by the Court, and to enter into a Tcmporary Order. failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. NOR THE COURT: Custody Conciliator ?y? YOU SHOULD TAKl3 TI IIS PAPER TO YOUR 1,AWYI3R AT ONCF'. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TFI,EPHONE THE OFFICI? SET FOR'l 11 13FL,OW TO FIND OUT WI IFIRF YOU CAN (IF F LEGAL HELP, Court Administrator Cumberland County Court I-louse One Court House Square Carlisle, Pa. 17013 (717) 240-6200 GILENN M, PLANK, JR„ Plaintiff vs. BAR13ARA ANN GOODRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA No. V ,l • -f 6-0 1999 CUSTODY COMPLAINT FOR SHARED t ' A AND PARTIAL Cll TUDY AND NOW, this J /' Day of',Ianuary, 1999, comes the Plaintiff, Glenn M. Plank, Jr., by his attorney, Arthur K. Dils, Esquire, and respectfully requests the following: 1. The Plaintiff is Glenn M. Plank, Jr., an adult individual who currently resides at 5836 Locust Lanc, Harrisburg, Dauphin County, Pennsylvania 17109, 2. The Defendant is Barbara Ann Goodrich, an adult individual, who currently resides at 93 Hillside Circle, Camp I till, Cumberland County, Pennsylvania 17011, 3. Plaintiff and Defendant had one child born to them; namely: Maxwell Otto Plank, having been bom September 2, 1993. 4. Plaintiff requests shared legal and partial custody of his son, Maxwell Otto Plank. 5. Plaintiff previously filed an action for custody in November of 1995 in the Court of Common Pleas of York County, docketed to No. 95-S[J-05184-03, which was discontinued on May 20, 1996 due to Plaintiff's inability at that time, to pursue the matter, 6, Plaintiff has been seeing his son; however, the partial custody has not been on a regular basis, and Plaintiff desires an Order of Court setting forth a partial custody schedule. 7. 'rhe Court of Common Pleas of Cumberland County has jurisdiction in this matter as the minor child and the Dcfendant have resided in ('timberland County since February of 1997, and continue to reside in Cumberland County, -2- Wl-lrRFl' )RF,, plaintiff, Glenn M. Plank, Jr,, prays your Ilonorable Court to grant him shared legal and partial custody of his son, Maxwell Otto Plank. Respectfully submitted, BY: Arthur K. Dils, is-quire 1017 N. Front Street Harrisburg, Pa. 17102 (717) 232-9724 I.D. No. 07056 ,3. VEUIFICATION t L 1. 1 verify that the statements made in this COMPLAINT are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, CS, Section 4904 relating to unsworn falsification to authorities. GLENN M. PLANK, R? Date; DECEMDER 30, 1998 u1N?` ;31999, ? , GLENN M. PLANK, JR. ) IN THE: COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 99-350 CIVIL 'PERM BARBARA ANN GOODRICH, ) Defendant ) CIVIL ACTION - LAW OEME AND NOW, this _? . day of 1999, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and, provisions of this interim agreement which was dictated in their presence and approved by them and their counsel., it is hereby ordered and directed as follows: 1. The custodial arrangement for the minor child, Maxwell Otto Plank, is as follows: A. Father shall have two (2) weekends a month in accordance with the following schedule: (l) For the first two visitation weekends on Saturday from 12:00 p.m. to 4:00 p.m., (2) 'Cho following two visitation weekends on Saturday from 10:00 a.m. to 6:00 p.m.; and (3) For the following two weekends on both Saturday and Sunday from 10:00 p.m. to 6:00 p.m. In the event that any of these weekends conflict with Father's reserve weekend, Father shall have the option of picking another weekend to make up that period of time lost to the reserves. Father 'shall Drovi tie Mnt hu?r wIVV, fk- ...,...?_.._ schedule within seven (7) days of the date of this Order and in addition, shall pick. the specific weekends that will. make up for those weekends in which he loses his time to the reserves, H, Father will be providing all transportation. In addition, Father understands that these periods of visitation are for him and should not be spent with any other day care provider, 2. The purpose of this Order is to reestablish a relationship with the [Fattier and the son. The parties recognize that it is important for the Father to follow this schedule unless an emergency arises, 3. The parties shall reconvene for another custody conci ation before Michael L, Hangs, Esquire, on BY TIiF; COURTArthur K. Di.ls, Csquire Attorney for Plaintiff Marla Cognetti, Esquire wS 7`'. Al-orney for Defendant 1999, at A m, ,,? / ml b i GLENN M. PLANK, JR. ) IN THE COURT OF.' COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. ) 1 NO. 99-350 CIVIL TERM BARBARA ANN GOODRICH, ) Defendant ) CIVIL ACTION - LAW JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFEILW?d z 81MARY n PORT 'IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), Che undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: t?9Nli: UIRTHDATE CURRENTLY IN CUSTODY OE Maxwell. Otto Plank September 2, 1.993 Defendant 2. A Conciliation Conference was held on March 25, 1999, and the following Individuals were present: the Plaintiff and his attorney, Arthur K. Dias, Esquire; the Defendant appeared with her attorney, Maria CognetCa, Esquire. 3. Items resolved by agreement: See attached Order, 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached order. 7. Need for- separate counsel to represent child: Neither party requested, B, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any Is necessary, Date: April 26, 19991.x+ C- }'c Nmichael L, Bangs Custody Concili or ? o 1 ? ? ? a a ` ? f N 7. ? a , ??Cw sg ' ? Y, M ?1 ?) 1 ? ? r GLENN M. PLANK,, JR, ) IN THE COURT OF Plaintiff ' COMMON PLEAS ) OF CUMBERLAND COUNTY, vs. ) PENNSYLVANIA 1 BARBARA ANN GOODRICH, 1 NO 99-350 CIVIL TERM Defendant 1 1 CIVII, ACTION - LAW 1 CUSTODY/VISITATION QBQRB r AND NOW, this day of i- AT!7-- , 1999, upon review of the conciliator's Report, it appearing that the parties have agreed to the terms and provisions cf this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, Maxwell Otto Plank, d.o.b. September 2, 1993, 2. Mother shall have primary physical custody of the minor child, subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Friday at 6:30 p.m. until. Sunday at 6:30 p.m. This alternating weekend shall commence with the weekend of July 9`°, except that for the very first weekend, Father shall pick up the child on July 10"' at 10:00 a am and have the child until July 11 at_ 6:30 p.m, This schedule shall alternate thereafter, In the event that any of these weekends conflict with Father's reserve weekend, Father shall notify Mother. ghat a conflict is present and Mother, shall be entitled to pick an alternate weekend to make-up that lost time with Father, Mother shall provide Father' with the make-up weekend within seven (7) days of the lost weekend. 3, The parties shall alternate the major holidays. Those holidays are being defined as 4"' of July, Labor Day, Thanksgiving, Faster and Memorial Day. This alternating schedule shall commence with Mother having the July 4" in 1999 and the schedule shall alternate thereafter, Those periods of time shall. be from 9:00 a.m. to 8:00 p.m. 4, Father shell be entitled to a period of time over. Christmas with the child every year from December 26" at 10:00 a.m, until December 29" at. 6:30 p.m. Mother shall have the reriainder of the Christmas holiday, 5, 1 Father shall have the child on Father's Day and Mother shall have the child on Mother's Day. These periods of time shall be from 9:00 a.m, uniji 8:00 p.m. 6, Feather shall be entitled to a week of vacation with the child in 1.999, This week shall be from August I'll at 6:30 p.m. until August. W at 6:30 p,m, In the year 20001 Father shall be entitled to two (2) non-consecutive weeks with the child, lie shall provide Mother with thirty (30) days advance notice, In the year 2001 and all summers thereafter, Father shall be entitled to one (1) week In June, July and August, respectively, He shall provide Mother with thirty (30) days advance notice as to when ho intends to exercise these perlods of vacation. These weeks shall. not run consecutively, 7. Both parents are enkitled to celebrate the birthday with the ch.ld within a few days of his birthday, The party who will not have custody of the child on his birthday shall notify the other parent, within seven (7) days as to what days he or she Intends to spend that birthday time with the child. These periods shall be from 10:00 a,m,„ until 6:30 p.m. If Ills a non-school day, If It's a school day, it: shall he from after school or after work until 6:30 p.m. s, The paternal grandmother may sharer an providing transport.aticn with the father to offectUate this custody schedule. 9: SuOh other times as the parties may agree, BY THE COURT,; "RY EDGAR B. Arthur K. Dils, Esquire Attorney for Plaintiff Maria Cognetti, Esquire / .,d• dp. Attorney for Defendant mlb GLENN M. PLANK, JR. Pl.aInt.If f VS. BARBARA ANN GOODRICH, Defendant IN THIS COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-350 CIVIL TERM CIVIL ACTION - LAW CUSTODY /V I S I TAT I ON JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFF?A*+ 8(?$Y_R6 = IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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; NA HL BIRTHDATE; CURRENTLY IN ?QDY OF Maxwell. Otto Plank September. 2, 1993 2. A Conciliation Conference was held on July .l, 1999, and the following individuals were present:: the Plaintiff and his attorney, Arthur K. D:ils, Esquire; the Defendant appeared with tier attorney, Maria Cognetti, Esquire. 3, Items resolved by agreement: See attached Order. 9. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as fo:llgws: See attached Order. 7. Need for separat::e counsel t.o represent child: Neither party requested. 8. , Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary, Date: July 28, 1990, & THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 GLENN M. PLANK, JR., Plaintiff V. BARBARA ANN GOODRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-0350 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION TO MODIFY CUSTODY ORDER 1. The Plaintiff/Petitioner is Glenn M. Plank, Jr., hereinafter referred to as Father, residing at 5836 Locust Lane, Harrisburg, Dauphin County, Pennsylvania 17109. 2. The Defendant is Barbara Ann Goodrich, hereinafter referred to as Mother, residing at 611 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff and Defendant are the biological parents of Maxwell Otto Plank, born September 2, 1993. 4. Father seeks to Modify the Order dated August 4, 1999, by continuing to share joint legal custody and increasing his shared physical custody time with Max and equalizing the transportation. 5. Father is requesting more vacation weeks, overnights related to holidays, to be a part of decisions related to Max's health education and general welfare, to be be informed by Max's t primary caretaker of significant events in Max's life and to be allowed to claim Max as a dependent and his childcare expenses for which Father is paying the majority of support and expenses. 6. Max's best interest will be served if Father's requests are granted because: A. Father will place the interest of Max before his own. B. Father has the ability and desire to be a more active parent in Max's life. C. Max desires and needs his Father to be more active in his life. D. A more equal sharing of the parenting responsibilities of Max will more equitably distribute the benefits each parent can give and Max can receive. WHEREFORE, Father requests that this honorable court grant him joint legal and increased periods of physical custody of Max with a sharing of the transportation and a providing that Father may claim Max as a dependant for his tax returns with a credit for childcare expenses. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I. Glenn M. Plank, Jr., hereby certify that the foregoing PETITION TO MODIFY CUSTODY ORDER is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3 /11 //Q -7 DATED: Glenn M. Plank, Jr. 3 GLENN M. PLANK, JR.. Plaintiff vs. BARBARA ANN GOODRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 NO.-99-350 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION QRDER AND NOW, this r ti day of 4A1-1X 1999, upon review of the Conciliator's Report, it appearing that the parties have agreed to thE? term,,3 and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered zmd directed as follows: 1. The parties shall share legal custody of their minor child, Maxwell Otto Flank, d.o.b. September 2, 1993. 2. Mother shall have primary physical custody of the minor child, subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Friday at 6:30 p.m. until Sunday at 6:30 p.m. This alternating weekend shall commence with the weekend of July 9t`', except that for the very first weekend, Father shall pick up the child on July 10' at 10:00 a.m. and have the v.„ rte' child until'July 11th at 6:30 p.m. This schedule shall alternate thereafter. In the event that any of these weekends conflict with Father's reserve weekend, Father shall notify Mother that a conflict is present and Mother shall be entitled to pick an alternate weekend to makeup that lost time with Father. Mother shall provide Father with the make-up weekend within seven (7) days of the lost weekend. 3. The parties shall alternate the major holidays. Those holidays are being.defined as 4th of July, Labor Day, Thanksgiving, Easter and Memorial Day. This alternating schedule shall commence with Mother having the July 4th in 1999 and the schedule shall alternate thereafter. These periods of time shall be from 9:00 a.m. to 8:00 p.m. 4. Father shall be entitled to a period of time over Christmas with the child every year from December 26th at 10:00 a.m. until December 29th at 6:30 p.m. Mother shall have the remainder of the Christmas holiday. 5. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day. These periods of time shall be from 9:00 a.m. until 8:00 p.m. .. _ , ... ;.-.? .. , . ?_ :. .. ...:. . „_.: ?.. :.> -mac . Father shall be entitled to a' week of vacation with'the child in 1999. This week shall be from August 1st at 6:30 p.m. until August 8th at 6:30 p.m. In the year 2000, Father shall be entitled to two (2) non-consecutive weeks with the child. He shall provide Mother with thirty (30) days advance notice. In the year 2001 and all summers thereafter, Father shall be entitled to one (1) week in June, July and August, respectively. He shall provide Mother with thirty (30) days advance--notice as to when he intends to exercise these periods of vacation. These weeks shall not run consecxtively. 7. Both parents are entitled to celebrate the birthday with the child within a few days of his birthday. The party who will not have custody of the child on his birthday shall notify the other parent within seven (7) days as to what day he or she intends to spend that birthday time with the child. These periods shall be from 10:00 a.m. until 6:30 p.m. if it's a non-school day. If it's a school day, it shall be from after school or after work until 6:30 p.m. 8. The paternal grandmother may share in providing transportation with the Father to effectuate this custody schedule. z = 9 Such other times as`the parties may agree. BY THE COURT, EDGAR B. %AYLEY, J. Arthur K. Dils, Esquire y Attorney for Plaintiff Maria Cognetti, Esquire - Attorney for Defendant mlb T,RlJ-;:, C')py _n0M RECORD and 1rJ? saa( o; - J nre ^tp set my hand d Ccurt a- Carlisl'a Pa. This ?f day of.... .. I9. y.`l.. 41 d? notary v f ? rlo GLENN M. PLANK, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-0350 CIVIL ACTION LAW BARBARA ANN GOODRICH . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 18, 2007 at 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VNVAIASN13d AiNno% z+ I wd 91 HVW IOOZ 1011M.-avull do I - APR 2 5 2007 Of GLENN M. PLANK, JR. Plaintiff vs. BARBARA ANN GOODRICH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-0350 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _ C:,o_ day of Av? 1 , 2007, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Order of this Court dated August 4, 1999, shall continue in effect as modified by this Order. 2. Paragraph 3 of the August 4, 1999 Order shall be modified as follows pertaining to the Easter and Thanksgiving holidays: the Easter holiday period of custody shall run from the Thursday before Easter at 7:00 p.m. through Easter Sunday at 8:00 p.m. The Father shall have custody of the Child for the Easter holiday in even-numbered years and the Mother shall have custody in odd- numbered years. The Thanksgiving holiday period of custody shall run from the Wednesday before Thanksgiving at 7:00 p.m. through the Monday following Thanksgiving at 8:00 p.m. The Father shall have custody of the Child for Thanksgiving in even-numbered years and the Mother shall have custody for the Thanksgiving holiday in odd-numbered years. In the event the Mother is not home to receive custody of the Child at 8:00 on Monday evening following the Father's period of Thanksgiving custody, the Father shall retain custody of the Child and transport the Child to school on Tuesday. 3. Paragraph 4 of the August 4, 1999 Order is vacated and replaced with the following provision: In every year, the Mother shall have custody of the Child from Christmas Eve through December 28 at 10:00 a.m. and the Father shall have custody from December 28 at 10:00 a.m. through January 1 at 6:30 p.m. 4. In the event a party's period of regular/holiday custody falls within 12 hours of a subsequent period of regular/holiday custody, the period of custody for that party shall run continuously without interruption. 5. Paragraph 6 of the August 4, 1999 Order is vacated and replaced with the following provision: During the summer school break each year, the Father shall have custody of the Child on an alternating weekly basis beginning with the first Sunday after the end of the school year and ending with the last Sunday preceding the first Monday in August. During this period, the parties shall exchange custody of the Child every Sunday at 8:00 p.m. The school year custodial schedule shall resume as of the first Monday in August or at the beginning of regular daily football practice, whichever first occurs. The Father shall ensure that supervision is provided for the Child during any extended periods while the Father is working. In the event the Father is unable to arrange for a grandparent to provide care for the Child, the Father shall contact the Mother to offer the Mother the opportunity to provide care for the Child during the Father's unavailability before contacting third party caregivers. In the event the Mother is providing care for the Child during the Father's period of custody under this provision, the Mother shall pick up the Child at the Father's residence or the paternal grandmother's residence in the morning and the Father shall pick up the Child at the Mother's residence after work. Both parties shall ensure that the Child is not left unsupervised for extended periods during his or her periods of custody through the end of the 2007-2008 school year, whereupon the parties shall review the need for continued supervision in light of the Child's maturity at the time and shall cooperate in considering whether a modification to the ongoing need for supervision is appropriate. 6. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchanges of custody during the school year, summer and holidays. Each party shall be considerate in providing notice to the other party if he or she will be late to pick up the Child due to unforeseen delays. 7. The Mother shall provide information to the Father on a timely basis concerning the Child's activities which are not listed on the school website, notice of parent-teacher conferences, notice of emergencies involving the Child or information as to any major developments regarding the Child's social, educational or physical well being. The Mother shall also provide the Father with copies of the Child's report cards on a timely basis. 8. The parties agree to further consider the possibility of initiating co-parenting counseling in an effort to improve communications and reduce conflict to further the Child's emotional well being. 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. cc: Thomas D. Gould, Esquire - Counsel for Father Richard S. Friedman, Esquire - Counsel for Mother R L E D ? i F1°uE OF THE P7`,Cl I ' `;Nf ?JT„rFY 2007 APR 30 AM 11: 52 GLENN M. PLANK, JR. Plaintiff VS. BARBARA ANN GOODRICH Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-0350 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Maxwell Otto Plank September 2, 1993 Mother 2. A custody conciliation conference was held on April 18, 2007 with the following individuals in attendance: the Father, Glenn M. Plank, Jr., with his counsel, Thomas D. Gould, Esquire and the Mother, Barbara Ann Goodrich, with her counsel, Richard S. Friedman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 GLENN M. PLANK, JR., Plaintiff V. BARBARA ANN GOODRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 0350 IN LAW CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. The Plaintiff/Petitioner is Glenn M. Plank, Jr., hereinafter referred to as Father, residing at 5836 Locust Lane, Harrisburg, Dauphin County, Pennsylvania 17109. 2. The Defendant is Barbara Ann Goodrich, hereinafter referred to as Mother, residing at 661 Shannon Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff and Defendant are the biological parents of Maxwell O. Plank (Max), born September,2, 1993. 4. Father seeks to modify the Order dated April 30, 2007, by granting him legal custody and primary physical custody with Mother having period of partial custody as mutually agreed. A copy of the Order is attached as exhibit A. 5. Father and Mother have agreed to a modification of their April 30, 2007 Order. A copy of the Custody Agreement is attached as exhibit B. 6. Max's best interest will be served if Father's request is granted because: A. Father will place Max's interests before his own. B. Father_ has the ability and desire to be the primary caretaker for Max. C. Max desires and needs his Father's structure. WHEREFORE, Father requests that this honorable court approve the parent's Custody Agreement dated June 6, 2009 which gives Father legal custody and primary physical custody of Max, subject to Mother's period of partial custody as mutually agreed. Respectfully submitted, D. '?J? Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Glenn M. Plank, Jr., hereby certify that the foregoing PETITION TO MODIFY CUSTODY ORDER is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: (/n /O / to 4X4 Glenn M. Plank, Jr. 3 APR 8 b 2007 W GLENN M. PLANK, JR. Plaintiff vs. BARBARA ANN GOODRICH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-0350 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3D day of ( , 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: The prior Order of this Court dated August 4, 1999, shall continue in effect as modified by this Order. 2. Paragraph 3 of the August 4, 1999 Order shall be modified as follows pertaining to the Easter and Thanksgiving holidays: the Easter holiday period of custody shall run from the Thursday before Easter at 7:00 p.m. through Easter Sunday at 8:00 p.m. The Father shall have custody of the Child for the Easter holiday in even-numbered years and the Mother shall have custody in odd- numbered years. The Thanksgiving holiday period of custody shall run from the Wednesday before Thanksgiving at 7:00 p.m. through the Monday following Thanksgiving at 8:00 p.m. The Father shall have custody of the Child for Thanksgiving in even-numbered years and the Mother shall have custody for the Thanksgiving holiday in odd-numbered years. In the event the Mother is not home to receive custody of the Child at 8:00 on Monday evening following the Father's period of Thanksgiving custody, the Father shall retain custody of the Child and transport the Child to school on Tuesday. 3. Paragraph 4 of the August 4, 1999 Order is vacated and replaced with the following provision: In every year, the Mother shall have custody of the Child from Christmas Eve through December 28 at 10:00 a.m. and the Father shall have custody from December 28 at 10:00 a.m. through January 1 at 6:30 p.m. 4. In the event a party's period of regular/holiday custody falls within 12 hours of a subsequent period of regular/holiday custody, the period of custody for that party shall run continuously without interruption. 5. Paragraph 6 of the August 4, 1999 Order is vacated and replaced with the following provision: During the summer school break each year, the Father shall have custody of the Child on an alternating weekly basis beginning with the first Sunday after the end of the school year and ending with the last Sunday preceding the first Monday in August. During this period, the parties shall exchange custody of the Child every Sunday at 8:00 p.m. The school year custodial schedule shall resume as of the first Monday in August or at the beginning of regular daily football practice, EXHIBIT A whichever first occurs. The Father shall ensure that supervision is provided for the Child during any extended periods while the Father is working. In the event the Father is unable to arrange for a grandparent to provide care for the Child, the Father shall contact the Mother to offer the Mother the opportunity to provide care for the Child during the Father's unavailability before contacting third party caregivers. In the event the Mother is providing care for the Child during the Father's period of custody under this provision, the Mother shall pick up the Child at the Father's residence or the paternal grandmother's residence in the morning and the Father shall pick up the Child at the Mother's residence after work. Both parties shall ensure that the Child is not left unsupervised for extended periods during his or her periods of custody through the end of the 2007-2008 school year, whereupon the parties shall review the need for continued supervision in light of the Child's maturity at the time and shall cooperate in considering whether a modification to the ongoing need for supervision is appropriate. 6. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchanges of custody during the school year, summer and holidays. Each party shall be considerate in providing notice to the other party if he or she will be late to pick up the Child due to unforeseen delays. 7. The Mother shall provide information to the Father on a timely basis concerning the Child's activities which are not listed on the school website, notice of parent-teacher conferences, notice of emergencies involving the Child or information as to any major developments regarding the Child's social, educational or physical well being. The Mother shall also provide the Father with copies of the Child's report cards on a timely basis. 8. The parties agree to further consider the possibility of initiating co-parenting counseling in an effort to improve communications and reduce conflict to further the Child's emotional well being. 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. BY THE COURT, Edg ra ayley cc: Thomas D. Gould, Esquire - Counsel for Father Richard S. Friedman, Esquire - Counsel for Mother HUE COPY FROM RECORD Te0mi WtteW, ! here wde set any haoc ,A the sag of Said Court at Q d W. Pa. ?*ntfin?rR?f d . i GLENN M. PLANK, JR., Plaintiff V. BARBARA ANN GOODRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 0350 IN LAW CUSTODY CUSTODY AGREEMENT THIS AGREEMENT, made this day of Tr ne , 2009, by and between BARBARA ANN GOODRICH, hereinafter referred to as Mother, and GLENN M. PLANK, JR., hereinafter referred to as Father. WITNESSETH: WHEREAS, Mother and Father are the parents of MAXWELL OTTO PLANK, born September 2, 1993, hereinafter referred to as Max; and WHEREAS, Mother and Father wish to enter into this Custody Agreement to settle and resolve the outstanding issues regarding the custody of Max; NOW THEREFORE, it is agreed by the parties that: 1. Father shall have legal custody of Max. Each parent shall have equal access to the Max's personal, school and medical records and each parent is to inform the other of significant events that occur in Max's life. EXHIBIT B 2. Father shall have primary physical custody of Max subject to Mother's periods of partial custody as the parties may agree. 3. This Agreement may be modified in the best interest of Max by mutual agreement of the parties. 4. Each party is to inform the other of any change in employment, residence and/or telephone number. 5. This Agreement shall supersede any and all other Orders, Agreements or Stipulations concerning the custody of Max and is to be entered as an Order of Court. DATE BARBARA ANN GOODRICH 6AZoo`} )e aw, DATE GLENN M. PLANK, JR. 2 Commonwealth of Pennsylvania: ss County of PERSONALLY APPEARED BEFORE ME, this G day of :?U n e,' , 2009, a notary public, in and for the Commonwealth of Pennsylvania, BARBARA ANN GOODRICH, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within custody agreement and acknowledged that she executed the same for the purposes herein contained. Notary Public. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heather Plumley, Notary Public Camp Hill Boro, Cumberland County My Commission F=h,&& Jan. 23, 2013 Member, Pennsylvania Association of Notaries Commonwealth of Pennsylvania: ss County of , PERSONALLY APPEARED BEFORE ME, this 6 day of furl Pi , 2009, a notary public, in and for the Commonwealth of Pennsylvania, GLENN M. PLANK, JR., known to me (or satisfactorily proven to be) the person whose name is subscribed to the within custody agreement and acknowledged that he executed the same for the purposes herein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heather Plumley, Notary Public Camp Hill Boro, Cumberland County My Commission Ezppas Jan. 23, 2013 Member, Pennsylvania Association of Notaries 3 elf Atff JUN 15 2009 (,7 GLENN M. PLANK, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 0350 BARBARA ANN GOODRICH, IN LAW Defendant CUSTODY ORDER OF COURT AND NOW this h day of 2009, the terms and conditions of the attached CUSTODY AGREEMENT dated June 6, 2009, is hereby incorporated and made an Order of this Honorable Court. UlbTRIBU11UN : ? THOMAS D. GOULD, ESQ., 2 EAST MAIN STREET. SHIREMANSTOWN, PA 17011 /RICHARD S. FRIEDMArN, ESQ., 300 N. 2ND ST, STE 402, HARRISBURG, PA 17101 i/4' l0? iflrl -, ; FILED-1 ' 2009 JUN {6 Aii 9. 0 d