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HomeMy WebLinkAbout99-06152 (2) 5 }k 'iiH 4^. ..rr t t n 4 in ? j? 'k i J5? rx bni f kN t[<f t? k ii ?k ?^? ? 1 t t "r f f !e' aet?4M- ? h r * ?'. kx - z ?' ,r s4 ? p r } i e >..? s s r, K ,.? i a ka fx yb} ? ? q rs +. a r? 1xt< X ` As i i ???r? k t ! { ? K??. ? 5 5Y i , 3i I ? i t t V ? {Tev w d { ? ? k x ' a , ? bif ,r 4 , JAIME DANZBERGER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.99- 4 1'S'2. CIVIL TERM FRANK O'BRIEN, JR., Defendant CUSTODY AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their r g trio ? ?unsel appear before Zn S, nrb 1 t ' )? , the conciliator, at? on the q day of hbJemlc, r ( 1999, at j@qm., or a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the Isyucs 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. Failure to appear at the conference may provide grounds lbr entry of a temporary or permanent order. By the Court, Date Custody Conciliator 7) I 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 LF:GAI, HELP. CUMBERLAND COUNTY BAR ASSOCIA'T'ION 2 LIBERTY AVENUE: CARLISLE, PA 17013 (717) 249.3166 OR (800) 990.9108 AMERICANS WITII DISABILITI :S ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnution ulxwut accessible facilities and reasonable accommodations available to disabled individuals having business h ore 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. .1 : IN THE COURT OF COMMON PLEAS OF JAIME DANZBERGER, Plaintiff VS. FRANK O'BRIEN, JR., Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6 ICIVIL TERM CUSTODY 1. The plaintiff is Jaime Danzberger, residing at 105 Woodstock Road, Fayetteville, Franklin County, Pennsylvania . 2. The defendant is Frank O'Brien, Jr., residing at 10 Village Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Present Residence A92 Brennen O'Brien 10 Village Road, Mechanicsburg 10 months The child was bom out of wedlock. The child is presently in the custody of Frank O'Brien, Jr. who resides at 10 Village Road, Mechanicsburg, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: NZE Jaime Danzberger Frank O'Brien, Jr. 2. Jaime Danzberger Wanda Roberts 3. Jaime Danzberger 2509 Warren Way Road Mechanicsburg, PA 1159 Knob Hill Drive Fayetteville, PA 203 Park Circle Chambersburg, PA D= Deccmber,1998 - February, 1999 Feburary 1999 March 1999 - April 1999 4. Jaime Danzberger 10 Village Road April 1999 - June 1999 Frank O'Brien, Jr. Mechanicsburg, PA 5. Jaime Danzberger Carla Witter Paul Witter Nancy Witter Paula Witter 6. Jaime Danzberger Randy Bowers 7. Frank O'Brien, Jr. Frank O'Brien, Sr. Georgia O'Brien 20 Fish Hatchery Road Shippensburg, PA 1645 Scotland Ave Chambersburg, PA 10 Village Road Mechanicsburg, PA July, 1999 (2 Weeks) July 1999- Present The mother of the child is Jaime Danzberger, currently residing at 105 Woodstock Road, Fayetteville, Pennsylvania. She is not married. The father of the child is Frank O'Brien, Jr., currently residing at 10 Village Road, Mechanicsburg, Pennsylvania. He is not married. 4. The relationship of plaintiff to the child is that of the Mother. 5. The relationship of defendant to the children is that of the Father. The defendant currently resides with the following persons: Name Relationship Georgia O'Brien Mother Frank O'Brien, Sr. Father 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. June 1999 - July 1999 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a.) The mother has been the primary care giver of the child from his birth until August, 1999, when the father removed the child from the mother's custody. b.) Since August, 1999, the mother's contact with the child has been sporadic in spite of her repeated attempts to maintain contact. c.) The father has not acted in the child's best interest by denying the mother reasonable contact with the child. d.) On September 30, 1999, the parties through their counsel agreed that the mother would have periods of custody, including overnights, pending a conciliation conference. On or about October 6, 1999, the father refused to abide by this agreement. 10. Each parent whose parental rights to the child have not been terminated have been named as parties to this action. WHEREFORE, the plaintiff requests that this Court return primary physical custody of the child to her. Respectfully submitted, .lo Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements arc made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: 1 P J ' ICIfin zb r per, PI ' ti IN THE COURT OF COMMON PLEAS Off' Jamie Danzberger CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-t" CIVIL TERM Frank O'Brien, Jr. To the Prothonotary: Kindly allow, Jamie Danzberger, 105 Woodstock Rd. Fayetteville, PA 17222, to proceed in fQ= I, Joan Carey, attorney for the party proceeding in forma pauueris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Joan Carey Attorney for the Plaintif Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Jamie Danzberger, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99- t. ? 5 YCIVIL TERM Frank O'Brien, Jr., Defendant : CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Jamie Danzbereer Address: 105 Woodstock Road. Fayetteville. PA 17222 (b) Social Security Number: 208-58-4467. If you are presently employed, state Employer: X-Outdoors (through Onsite Employment Services) Address: Salary or wages per month: $1260 per month (has not received a_check vet) Type of work: Customer Service If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: $14•000 Other self-employment: None Interest: None Dividends: _ None Pension and annuities: None Social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: None (e) Property owned Cash: $6 Checking Account: _ N/A Savings Account: N/A Certificates of Deposit: N/A Real Estate (including hon,.): None.4 Motor vehicle: MakeTgoyot ahyan Year 1447 Cost 5995 Amount owed Isnn Stocks; bonds: None Other: None (f) Debts and obligations Mortgage: Nina Rent 0 Month Loans: Car loan 5150 / Month Monthly Expenses: $164 Credit Paym n s. S +0 per month past lease, $46 past electric pmt. per month, $120 per month past phone, $60 gasoline, $80 child expenses, $60 household expenses (g) Persons dependent upon you for support (Wife) (Husband) Name: None Children, if any: Name: None Age: N/A 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unworn falsification to authorities. Date: 9 r a? Cr . y r„ F :i(u ,.. ?; - JAIME DAN28ERGER, Plaintiff Va. FRANK O'BRIEN, JR., Defendant IN THE COURT OF COMMCN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-6152 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND Now" this ch day of 0ve -,1eJ , consideration of the atta ed Custody conciliation Report, it and directed as follows: to n f?L': 7? ,? II ' ( c , '.! f11 ' J 1999, upon is ordered 1. The Mother, Jaime Danzberger, and the Father, Frank O'Brien, Jr., shall have shared legal custody of Brennen O'Brien, born December 31 1998. Accordingly, each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall have physical custody of the Child in accordance with the following 8 week cycle: WEEK 1: The Father shall have custody from Friday at 8:00 a.m. (11/12/99) through Sunday at 6:30 p.m. (11/14/99). The Mother shall have custody from Sunday at 6:30 p.m. (11/14/99) through Friday at 8:00 a.m. (11/19/99). WEEK 2: The Father shall have custody from Friday at 8:00 a.m. (11/19/99) through Sunday at 6:30 p.m. (11/21/99). The Mother shall have custody from Sunday at 6:30 p.m. (11/21/99) through Friday at 8:00 a.m. (11/26/99). WEEK 3: The Father shall have custody from Friday at 8:00 a.m. (11/26/99) through Sunday at 6:30 p.m. (11/28/99). The Mother shall have custody from Sunday at 6:30 p.m. (11/28/99) through Friday at 8:00 a.m. (12/03/99). WEEK 4: The Father shall have custody from Friday at 8:00 a.m. (12/03/99) through Friday at 8:00 a.m. (12/10/99). WEEK 5: The Mother shall have custody from Friday at 8:00 a.m. (12/10/99) through Sunday at 6:30 p.m. (12/12/99). The Father shall have custody from Sunday at 6:30 p.m. (12/12/99) through Friday at 8:00 a.m. (12/17/99). WEEK 6: The Mother shall have custody from Friday at 8:00 a.m. (12/17/99) through Sunday at 6:30 p.m. (12/19/99). The Father shall have custody from Sunday at 6:30 p.m. (12/19/99) through Friday at 8:00 a.m. (12/24/99). WEEK 7: The Mother shall have custody from Friday at 8:00 a.m. (12/24/99) through Sunday at 6:30 p.m. (12/26/99). The Father shall have custody from Sunday at 6:30 p.m. (12/26/99) through Friday at 8:00 a.m. (12/31/99). WEEK 8: The Mother shall have custody from Friday at 8:00 a.m. (12/31/99) through Friday at 8:00 a.m. (1/07/00). Thereafter, the schedule shall resume at WEEK 1 and continue on an ongoing 8 week cycle. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSMVING: The Thanksgiving holiday shall be divided into a ement A, which shall run from 8:00 a.m. until 2:00 p.m. on Thanksgiving Day and Segment B, which shall run from 2:00 p.m. until 8:00 p.m. on Thanksgiving Day. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. NEW YEARS: The New Years holiday shall be divided into Segment At which shall run from New Years Eve at 6:00 p.m. through New Years Day at 12:00 noon, and segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall in the year in which New Years Day falls. D. EASTER: The Faster holiday shall be divided into Segment At Bch ahall run from the Saturday before Easter at 6:00 p.m. I through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through the following Monday at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. E. ALTERNATING HOLIDAYS: The parties shall alternate having custody of t e Ch d from 8:00 a.m. until 8:00 p.m. on memorial Day, July 4th and Labor Day, beginning with the Mother having custody of the child on memorial Day in 2000. F. FATHER'S DAYAKYn R'S DAY: The Father shall have custody of the Ch ld every year on Father's Day from 8:00 a.m. until 8:00 p.m. and the Mother shall have custody every year on Mother's Day from 8:00 a.m. until 8:00 p.m. G. CHILD'S BIRTHDAY: The Child's birthday shall be divided into segment At wh ch shall run from 8:00 a.m. until 2:00 p.m., and Segment B, which shall run from 2:00 p.m. until 8:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule, including the dates provided for convenience in paragraph 2 of this order. 4. Each party shall be entitled to have one - 10 day period of extended vacation custody with the Child each year upon providing 30 days advance notice to the other party. 5. The parties shall participate in counseling for a minimum of 4 sessions. The purpose of the counseling shall be to assist the parties in developing communication skills which will enable them to cooperate in parenting their Child. The parties shall equally share all costs of counseling which are not reimbursed by insurance. 6. Each party shall advise the other of any medical emergencies or illnesses affecting the Child during his or her periods of custody. 7. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. The parties and their counsel shall attend an additional Custody Conciliation Conference on March 2, 2000 at 9:00 a.m. in the office of the Conciliator, Dawn S. Sunday, Esquire. 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, J. cc: Joan Carey, Esquire and Kelly Norl'Sn, - Counsel for Mother Jason P. Kutulakis, Esquire - Counsel for Father j. Ip. JAIME DANZBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6152 CIVIL TERM FRANK O'BRIEN, JR., CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CCNCILIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND CC[IM 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 Brennen O'Brien December 3, 1998 Father 2. A Conciliation Conference was held on November 11, 1999, with the following individuals in attendance: The Mother, Jaime Danzberger, with her counsel, Joan Carey, Esquire and Kelly Norton, student intern, and the Father, Frank O'Brien, Jr., with his counsel, Jason P. Kutulakis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /UcrU2 m?IXn S / 7 ?} i CI Date Dawn S. Sunday, Esquire j5j Custody Conciliator k? 17 M a ? ? .?p{ y py? ?? Dl F]W ?a ?yyyyff f'f ya ? e ?` 1? ? ? a IR ? ??? trA NOV 2 3 1999 ?.1 JAIME DANZBERGER, : IN THE COURT OF OCMMCN PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Va. : CIVIL ACTION - LAW : NO. 99-6152 FRANK O'BRIEN, JR., Defendant IN CUSTODY CRDER OF COURT AND NOW, thia let day of March, 20001 the Conciliator, being advised by counsel that the parties are reconciling and therefore there is no need for the Custody Conciliation Conference scheduled for March 2, 2000, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for March 2 is canceled. FOR THE COURT, Dawn S. Sunday, Esqu re Custody Conciliator n N U- IMP cn v ? 0 IN THE COURT OF COMMON PLEAS OF JAIME DANZBERGER, Plaintiff VS. FRANK O'BRIEN, JR., Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- L I i CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jaime Danzberger, residing at 105 Woodstock Road, Fayetteville, Franklin County, Pennsylvania . 2. The defendant is Frank O'Brien, Jr., residing at 10 Village Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Present Residence A" Brennen O'Brien 10 Village Road, Mechanicsburg 10 months The child was born out of wedlock. The child is presently in the custody of Frank O'Brien, Jr. who resides at 10 Village Road, Mechanicsburg, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Name 1. Jaime Danzberger Frank O'Brien, Jr. 2. Jaime Danzberger Wanda Roberts 3. Jaime Danzberger Address 2509 Warren Way Road Mechanicsburg, PA 1159 Knob Hill Drive Fayetteville, PA 203 Park Circle Chambersburg, PA Date December, 1998 -February, 1999 Feburary 1999 March 1999 - April 1999 4. Jaime Danzberger 10 Village Road April 1999 -June 1999 Frank O'Brien, Jr. Mechanicsburg, PA 5. Jaime Danzberger Carla Witter Paul Witter Nancy Witter Paula Witter 6. Jaime Danzberger Randy Bowers 7. Frank O'Brien, Jr. Frank O'Brien, Sr Georgia O'Brien 20 Fish Hatchery Road Shippensburg, PA 1645 Scotland Ave Chambersburg, PA 10 Village Road Mechanicsburg, PA July, 1999 (2 Weeks) July 1999- Present The mother of the child is Jaime Danzberger, currently residing at 105 Woodstock Road, Fayetteville, Pennsylvania. She is not married. The father of the child is Frank O'Brien, Jr., currently residing at 10 Village Road, Mechanicsburg, Pennsylvania. He is not married. 4. The relationship of plaintiff to the child is that of the Mother. 5. The relationship of defendant to the children is that of the Father. The defendant currently resides with the following persons: Name Rc;lationshin Georgia O'Brien Mother Frank O'Brien, Sr. Father 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. June 1999 - July 1999 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights, with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a.) The mother has been the primary care giver of the child from his birth until August, 1999, when the father removed the child from the mother's custody. b.) Since August, 1999, the mother's contact with the child has been sporadic in spite of her repeated attempts to maintain contact. c.) The father has not acted in the child's best interest by denying the mother reasonable contact with the child. d.) On September 30, 1999, the parties through their counsel agreed that the mother would have periods of custody, including overnights, pending a conciliation conference. On or about October 6, 1999, the father refused to abide by this agreement. 10. Each parent whose parental rights to the child have not been terminated have been named as parties to this action. WHEREFORE, the plaintiff requests that this Court return primary physical custody of the child to her. Respectfully submitted, o arey - Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION[ I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated. i ' J e Danzb er, P1 ' ti n Lo T l S1 .e :L7 .'7 75- >Ci 03 JAIME DANZBERGER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99- 4 CIVIL TERM FRANK O'BRIEN, JR., Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their rg tech` a' ?I_NSMsel appear before f 1999, at J4m., for the conciliator, at'e` on the g day o1ctlL[- 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 bervide the court for and to enter into a temporary order. Failure to appear at the conference may Provide grounds entry of a temporary or permanent order. By the Court, Custody Conciliator Cam) Date YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-•9108 AMERICANS WITH DISABILITIES ACT OF 1990 with the The Court of Common Pleas of Cumberland County is required b law to comply Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. _ ... _ ??5?%'°d ?I1JU65 ?t ?;,. . '0 -?' ?? ?_ IN THE COURT OF COMMON PLEAS OF Jamie Danzberger : CUMBERLAND COUNTY, PENNSYLVANIA V. r : NO. 99-(" 5 CIVIL TERM Frank O'Brien, Jr. PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jamie Danzberger, 105 Woodstock Rd. Fayetteville, PA 17222, to proceed in forma aQ opens. I, Joan Carey, attorney for the party proceeding in forma an uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Joan Carey 1 Attorney for the Plaintiff Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Jamie Danzberger, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99- (. 1 S??CIVIL TERM Frank O'Brien, Jr., Defendant : CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Jamie Danzberize Address: 105 Woodstock Road Fayetteville PA 17222 (b) Social Security Number: 208-58-4467. If you are presently employed, state Employer: X-Outdoors (through Onsite Employment Services Address: Salary or wages per month: $1260 per month (has not received a check vet) Type of work: Customer Service If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: $14.000 Other self-employment: Interest: None Dividends: None Pension and annuities: None Social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: None (e) Property owned Cash: $6 Checking Account: N/A Savings Account: N/A Certificates of Deposit: N/A Real Estate (including home): None k Motor vehicle: Makevoay? °eoa _ Year 1992 Stocks; bonds: Cost 5995 Amount owed -sna None Other: None (f) Debts and obligations Mortgage: Rent: $309 /Kenth Loans: Car loan $150 / Month Monthly Expenses: $164 Credit Payments X30 per month past lease, $46 past electric pmt. per month, $120 per month past phone, $60 gasoline, $80 child expenses, $60 household expenses (g) Persons dependent upon you for support (Wife) (Husband) Name: None Children, if any: Name: None Age: N/A 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unswom falsification to authorities. p G? o Date: / " / " % 7 71 Cl 03 JAIME DANZBERGER, Plaintiff VS. FRANK O'BRIEN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6152 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COEW ARID NOW, this 7_ ( day of +V ?J V C -, consideration of the attached custody and directed as follows: Conciliation Report, it w vm C . :j C r' U?,` ? ( l L yy C.. 77 L _ l tr ., C-) -G F 1999, upon is ordered 1. The Mother, Jaime Danzberger, and the Father, Frank O'Brien, Jr., shall have shared legal custody of Brennen O'Brien, born December 3, 1998. Accordingly, each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall have physical custody of the Child in accordance with the following 8 week cycle: WEEK 1: The Father shall have custody from Friday at 8:00 a.m. (11/12/99) through Sunday at 6:30 p.m. (11/14/99). The Mother shall have custody from Sunday at 6:30 p.m. (11/14/99) through Friday at 8:00 a.m. (11/19/99). WEEK 2: The Father shall have custody from Friday at 8:00 a.m. (11/19/99) through Sunday at 6:30 p.m. (11/21/99). The Mother shall have custody from Sunday at 6:30 p.m. (11/21/99) through Friday at 8:00 a.m. (11/26/99). WEEK 3: The Father shall have custody from Friday at 8:00 a.m. (11/26/99) through Sunday at 6:30 p.m. (11/28/99). The Mother shall have custody from Sunday at 6:30 p.m. (11/28/99) through Friday at 8:00 a.m. (12/03/99). WEEK 4: The Father shall have custody from Friday at 8:00 a.m. (12/03/99) through Friday at 8:00 a.m. (12/10/99). WEEK 5: The Mother shall have custody from Friday at 8:00 a.m. (12/10/99) through Sunday at 6:30 p.m. (12/12/99). The Father shall have custody from Sunday at 6:30 p.m. (12/12/99) through Friday at 8:00 a.m. (12/17/99). WEEK 6: The Mother shall have custody from Friday at 8:00 a.m. (12/17/99) through Sunday at 6:30 p.m. (12/19/99). The Father shall have custody from Sunday at 6:30 p.m. (12/19/99) through Friday at 8:00 a.m. (12/24/99). WEEK 7: The Mother shall have custody from Friday at 8:00 a.m. (12/24/99) through Sunday at 6:30 p.m. (12/26/99). The Father shall have custody from Sunday at 6:30 p.m. (12/26/99) through Friday at 8:00 a.m. (12/31/99). WEEK 8: The Mother shall have custody from Friday at 8:00 a.m. (12/31/99) through Friday at 8:00 a.m. (1/07/00). Thereafter, the schedule shall resume at WEEK 1 and continue on an ongoing 8 week cycle. 3. The parties shall share or alternate having Child on holidays as follows: custody of the A. MA[?IVING: The Thanksgiving holiday shall be divided into Segement A, which shall run from 8:00 a.m. until 2:00 p.m. on Thanksgiving Day and Segment B, which shall run from 2:00 p.m. until 8:00 p.m. on Thanksgiving Day. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 6:00 p.m. through New Years Day at 12:00 noon, and segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. For purposes of this paragraph, the entire New Years holiday shall be deemed to fall in the year in which New Years Day falls. D. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 6:00 p.m. through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through the following Monday at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. E. ALTEMATIW HOLIDAYS: The parties shall alternate having custody of the Child from 8:00 a.m. until 8:00 p.m. on memorial Day, July 4th and Labor Day, beginning with the Mother having custody of the Child on Memorial Day in 2000. F. FATHER'S DU MOT'HER'S DAY: The Father shall have custody of the Child every year on Father's Day from 8:00 a.m. until 8:00 p.m. and the Mother shall have custody every year on Mother's Day from 8:00 a.m. until 8:,00 p.m. G. CHILD'S BIRTHDAY: The Child's birthday shall be divided into Segment A, which shall run from 8:00 a.m. until 2:00 p.m., and Segment B, which shall run from 2:00 p.m. until 8:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. H. The holiday custody schedule shall supersede and take Precedence over the regular custody schedule, including the dates provided for convenience in paragraph 2 of this Order. 4. Each party shall be entitled to have one - 10 day period of extended vacation custody with the Child each year upon providing 30 days advance notice to the other party. 5. The parties shall participate in counseling for a minimum of 4 sessions. The purpose of the counseling shall be to assist the parties in developing communication skills which will enable them to cooperate in parenting their Child. The parties shall equally share all costs of counseling which are not reimbursed by insurance. 6• Each party shall advise the other of any medical emergencies or illnesses affecting the Child during his or her periods of custody. 7. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 8. The parties and their counsel shall attend an additional Custody Conciliation Conference on March 2, 2000 at 9:00 a.m. in the office of the Conciliator, Dawn S. Sunday, Esquire. 9. This Order is entered pursuant t at a Custody Conciliation Conference. Theanpagreement arties Of 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, J. cc: Joan Carey, Esquire and Kelly Nor on, Jason P. Kutulakis, Esquire - Counsel - Counsel for Mother for Father q f. .S. -P, JAIME DANZBERGER, Plaintiff vs. FRANK O'BRIEN, JR., Defendant : IN THE OJURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6152 CIVIL TERM CIVIL ACTION - LAW : CUSTODY -CUSTODY CONCILIATION S[PJJyARy RBPORT ACOORDANCE 1915.3-8, the unde ammr'am M' ROLE of CIVIL PRA Custody Conciliator submits the following report: 1• The pertinent information of this litigation is as follows: concerning the Child who is the subject NAME IN1TE_ OF BIRTH CURRENMY IN CUSTDOY OF Brennen O'Brien December 3, 1998 Father 2. A Conciliation Conference was held on November 11, 1999, with the following individuals in attendance: The Mother, Jai me 1999 ge with her counsel, Joan Carey, Esquire and Kelly Norton, student intern, and the Father, Frank O'Brien, Jr., with his counsel, Jason P. Kutulakis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date A crl Q?li rXiJ / S !7 l 7 C??t Dawn S. Sunday, Esquire Custody Conciliator JAIME DANZBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99-6].52 FRANK O'BRIEN, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1st day of March, 2000, the Conciliator, being advised by counsel that the parties are reconciling and therefore there is no need for the Custody Conciliation Conference scheduled for March 2, 2000, hereby relinquishes jurisdiction in this case. Conciliation Conference scheduled for March 2 is canceled. FOR THE COURT, The Custody DawSunday, Esquire'J Custody Conciliator C7(-) c fJ i, ..L. aY I':l J 7 C',.r F- g ? e.? v ca