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HomeMy WebLinkAbout99-06455 (2)777777, S iff Y Y v u. s d. , ti.F.. t ly^ ? ! } A N Mq A '?pw 'v y 3 t ,s4 r Y `3 z r to j ra r x r%i > w _w } t Z{v w f? y t t f}a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NICOLE A. O'BRIEN, II Plaintiff (I No. 99-6455 CIVIL TERM VERSUS PATRICK M. O'BRIEN, Defendant DECREE IN DIVORCE AND NOW, ?rLC )LJ.?? Z , 2001 , IT IS ORDERED AND DECREED THAT NICOLE A. O'BRIEN ,PLAINTIFF, AND PATRICK M. O'BRIEN DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; BY THE COU PROTHONOTARY a 4 iad8 ?o/ no?ic? isY?/ ? NICOLE A. O'BRIEN (200.58-7569), Plaintiff VS. PATRICK M. O'BRIEN 1187.48.30531, Defendant TO THE PROTHONOTARY: 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 NO. 99.6455 CIVIL TERM 1 1 IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: 28 October 1 Q 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 11 December 2001 by Defendant: 4 December 2001 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: paled 11 December 001 filed contemno,a_ neo??ly herwlth. Date Defendant's Waiver of Notice in SecUOn 3301(c) Divorce 2001, filed contemooraneo iclv herewith. was filed with the Prothonotary: dated 4ated 4 Decembe, . Date: /Lbw azo1 By Sam L. Andes Attorney for Plaintiff ' _ G . f ;; ? .. ` ? _lx . , - ? . 'i ':? ? i -:,. {.t t:. V? ???? r tY. -_ (.V ,? Sam I L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12"' Street Lemoyne, PA 17043 (717) 761-5361 NICOLE A. O'BRIEN, Plaintiff Vs. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM IN DIVORCE TO THE PROTHONOTARY: Please withdraw all economic claims filed by the Plaintiff, Nicole A. O'Brien, in this matter, including any claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses, or the like. ?? •'? V En w a a w 4+ z 0 44 r. fa a o ++ O . vi , K z w z a- wE 09 Q Ha a > as oo a F EU O p E D Q W ° U N Oz U U .C a .C a o tt wa > w U w w H a H E Q O a a z o z H HU z H z a 04 NICOLE A. O'BRIEN, Plaintiff V. PATRICK M. O'BRIEN, Defendant f*S : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Cler ti+?ISS C" t Q? IN DIVORCE AND CUSTODY YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, PENNSYLVANIA 17013 (717) 249-3166 NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. PATRICK M. O'BRIEN, IN DIVORCE AND CUSTODY Defendant COMPLAINT I. The Plaintiff is NICOLE A. O'BRIEN, Social Security number 200-58-7569, who currently resides at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is PATRICK M. O'BRIEN, Social Security number 18738-3053, who currently resides at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 10, 1998 at Norfolk, Virginia. COUNT' I - DIVORCE 5. Paragraphs I through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) in that: a) The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. j COUNT It - CUSTODY 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. i i 11. The parties are the natural parents of Patrick Nicolas O'Brien, bom February 23, 1999, age 5 months. j 12. Child has lived with his parents at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania since his birth. 13. The Plaintiff is the mother. I 14. The Defendant is the father. j 15. The child was born during wedlock. 16. The mother seeks primary custody of the child since the father has abused the mother in front of the child over the course of the child's life. 17. The father has proven to be an unfit role model. I 18. The mother is ready, able, and willing to care for the child and has done so since t the child's birth. WHEREFORE, the Plaintiff/Mother requests this Honorable court to grant her primary custody with partial custody awarded to the Defendant/Father following a custody conference. Respectfully submitted, Date y Austin F. Grogan quire 24 North Mod St Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. /159020 eml*, VERIFICATION I, NICOLE O'BRIEN, verify that the statements made in the foregoing Complaint are we and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. NICOLE O'BRIEN ?L , ', waPiy y 9 YY ?S Y ^` rus tti y 4'C7 ' ?bg II Ic"I cv i Ilu I'? C7• ;j y a a w u 44 41 H z >4 44 r. Sea E q c ow .. 0 U) z 0) wzz N q? as > a?a >0 0 C3 E+U U W 0 ~z a G I(1 W O • W E N 0 v a a z 41'.1. a i 0 x w U Ww al H a u m in O 94 a z o z H a H U z I+ z a NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6455 CIVIL PATRICK M. O'BRIEN, IN DIVORCE AND CUSTODY Defendant AFFIDAVIT OF ACCEPTANCE OF SERVICE I, BRIDGET M. WHITLEY, ESQUIRE, accept service of the Divorce and Custody Complaint on behalf of PATRICK M. O'BRIEN, Defendant, in the above-captioned case and verify that I am authorized to do so. 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 0 2 9q_ 4ry ? x Bridget . Whitley, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 1999 and was served upon the Defendant on or about I 0-7,8- 1999 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. 1 consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I erstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A/P 4 P-6 k J rA A4??- DATE NI OLE A. 0'B IEN G ..4 rc ? ?.?.? r ?I ?' ' ii. ? r ran ;::, ,; ai ? ::. t?:,.: ,?1?? ?? 4?1 {.1tL ' G? J ?, C:? ?.? f? NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM IN DIVORCE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 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. 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. , 12 Z11101 r" - F? - Dated: NI OLE A. O'BRIEN i ti L r-I 1. -- C7 C) NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 1999 and was served upon the Defendant on or about QCl- w A8, 1999 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) s have elapsed from the date of filing of the complaint and the date of service of the aint on the Defendant. 3. 1 consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming I verify that the statements made in this Affidavit are true and correct and I that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 12--H -b? wov, 9?" DATE PATRICK M. O'BRIEN Er C L7 r?: i? ? Y J}?r Yi. ry ne: ?!f ?Jr? R NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM IN DIVORCE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. Dated: PATRICK M. O'BRIE 04 ? ? NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6455 Civil PATRICK M. O'BRIEN, : IN DIVORCE AND CUSTODY Defendant TO THE WITHIN NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed Answer With New Matter within twenty (20) days from service hereof or a judgment may be entered against you. KEEFER WOOD ALLEN & RAHAL, LLP by: V. A.?? Bridget M. Whitley I.D. N 33580 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Attorneys for Defendant NICOLE A. O'BRIEN, Plaintiff V. PATRICK M. O'BRIEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6455 Civil IN DIVORCE AND CUSTODY 1. Denied. The Plaintiff, Nicole A. O'Brien deserted the marital residence and currently resides at 108 Catherine Court, Lewisberry, York County, Pennsylvania. 2. Admitted 3. Admitted. 4. Admitted. 5. Defendant's response to paragraphs I through 4 of Plaintiffs complaint are incorporated herein by reference as if they were set forth fully below. 6. Admitted. 7. Admitted. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is demanded at trial if relevant. In the alternative, paragraph 8 is a conclusion of law or a mixed conclusion of law and fact to which no response is required. 9. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to enter a Decree of Divorce. 10. Defendant's response to paragraphs I through 9 of Plaintiff's complaint are incorporated herein by reference as if they were set forth fully below. 11. Admitted in part and denied in part. Defendant admits that the parties are the natural parents of Patrick Nicholas O'Brien, who was bom on February 23, 1999. Defendant denies that the child's age is 5 months. At the time of filing of the Complaint, the child was age 8 months. 12. Admitted in part and denied in part. Defendant admits that the child, Patrick Nicholas O'Brien lived with his parents, the parties to this action, at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania, which was the marital residence, from birth until July 27, 1999. Defendant denies that the child lived at the marital residence after July 27, 1999. By way of further response, the Plaintiff removed the child from the marital residence at that time, and she has permitted infrequent periods of visitation by the Defendant from that time until the present. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. Paragraph 16 is a conclusion of law or a mixed conclusion of law and fact to which no response is required. If a response if required by the Court, Defendant denies that he -2- has abused Plaintiff in front of the child over the course of the child's life. Defendant further denies that Plaintiff is entitled to primary custody of the child. 17. Denied. Defendant denies that he has proven to be an unfit role model. To the contrary, at all times throughout the course of the child's life, Defendant has proven himself to be a 6t role model and a loving and responsible parent. 18. Denied. Defendant denies that Plaintiff is ready, able and willing to care for the child and further denies that she has done so since the child's birth. By way of further response, on numerous occasions, Plaintiff has appeared to lack interest in providing proper parenting of tile child and places her needs and desires above those of the child. WHEREFORE, the Defendant respectfully requests this Honorable Court to deny Plaintiffs request for primary custody and to enter an Order granting him primary custody of his son, with partial custody awarded to Plaintiff following a custody conference. 19. Defendant's response to paragraphs I through 18 of Plaintiffs complaint are incorporated herein by reference as if they were set forth fully below. 20. During the period of time that the child has been in Plaintiffs sole custody, the child has suffered from neglect. 21. Plaintiff has denied Defendant's numerous requests for more visitation with his son. 22. During the time that the Plaintiff and Defendant resided together, Defendant observed Plaintiffs abuse of alcohol. 23. The best interests of the child would be served by awarding primary custody of the -3- child to Defendant, since he is more mature and responsible, and is more likely to provide the noncustodial parent with liberal visitation. WHEREFORE, the Defendant requests this Honorable Court to grant him primary custody with partial custody awarded to Plaintiff following a custody conference. Dated: November, 1999 •4. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP By c cR fit( r Bridget M.Whitley I.D. # 33580 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Attorneys for Defendant }d. 4 ;Yn?! 12.'rQt Y N l u. ? ? laY/ K '?L224' j Y„ ui y 4 ny' it yry? ,Y ti v""'d ty, xpzi r -. t i ^M ??. 4 1, PATRICK M. O'BRIEN, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unworn falsification to authorities. Patrick M. O'Brien Dated: November, 1999 I, Bridget M. Whitley, Esquire, one of the attorneys for defendant, Patrick M. O'Brien, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Austin F. Grogan, Esquire Law Offices of Austin F. Grogan 24 North 32' Street Camp Hill, PA 17011 Dated: November -a, 1999 KEEFER WOOD ALLEN & RAHAL, LLP By7 tLO&d!? X-! / ?..t?ic? Bridget M. Whitley I.D. # 33580 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Attorneys for Defendant a ? p r U y c7: cli KE&FER WOOD ALLEN 6 RAHAL, LLP 7 f 0 WALNUT STRlR HARRIBZ QAQ. PIS 1j 10Y-1 Yea P.O. °°x "Y" FEB 0 4 200 NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6455 Civil PATRICK M. O'BRIEN, : IN DIVORCE AND CUSTODY Defendant AND NOW, SDI , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ??Wt1 .5 r1\ C=, the conciliator, at Na] ti1?C?LY?\ f T' Q s on the _day of 'ea(-Lb 2000, at 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. FOR THE COURT, ey?c?m ? . ? ?rnf? U , Custody Conciliator (J1' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 00 FF1 cur , ;_ ,• , c?/O•CL? ?t?p kra.?,•I ?, l1zGr -?Flrw?.ih ? /e5 M ^ NICOLE A. O'BRIEN, Plaintiff V. PATRICK M. O'BRIEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6455 Civil IN DIVORCE AND CUSTODY Defendant, Patrick M. O'Brien, by and through his attorneys, Keefer Wood Allen & Rahal, LLP, hereby moves this Honorable Court to schedule a hearing on the issue of custody before a custody conciliator, and in support of this motion, attaches a copy of the Complaint (Exhibit A) and a copy of Defendant's Answer With New Matter (Exhibit B). Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: February 2, 2000 By o -A. A Bridget .Whitley I.D. # 33580 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Attorneys for Defendant t .1 CERTIFICATE OF SERVICE I, Bridget M. Whitley, Esquire, one of the attorneys for defendant, Patrick M. O'Brien, hereby certify that I have served the foregoing Motion upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Austin F. Grogan, Esquire Law Offices of Austin F. Grogan 24 North 32' Street Camp Hill, PA 17011 Dated: February 2, 2000 KEEFER WOOD ALLEN & RAHAL, LLP By Bridget M. Whitley 17 I.D. # 33580 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Attorneys for Defendant NICOLE A. O'BRIEN, Plaintiff' V. PATRICK M. O'BRIEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. L q0 &''r "L IN DIVORCE AND CUSTODY YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other -rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, PENNSYLVANIA 17013 (717) 249-3166 TRUE COPY MM RECORD In TesttmuW rtnersof, I Mira unto tot my MW am the Mal 0! =!d rcoff,M Car Ws. P; OMNI q NICOLE A. O'BRIEN, Plaintiff V. PATRICK M. O'BRIEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. IN DIVORCE AND CUSTODY 1. The Plaintiff is NICOLE A. O'BRIEN, Social Security number 200-58-7569, who currently resides at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is PATRICK M. O'BRIEN. Social Security number 18743-3053, who currently resides at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 10, 1998 at Norfolk, Virginia. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code. Sections 3301(c) in that: a) The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - CUSTODY 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. The parties are the natural parents of Patrick Nicolas O'Brien, born February 23, 1999, age 5 months. 12. Child has lived with his parents at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania since his birth. 13. The Plaintiff is the mother. 14. The Defendant is the father. 15. The child was born during wedlock. 16. The mother seeks primary custody of the child since the father has abused the mother in front of the child over the course of the child's life. 17. The father has proven to be an unfit role model. 18. The mother is ready, able, and willing to care for the child and has done so since the child's birth. ?•- I WHEREFORE, the PlaintifflMother requests this Honorable court to grant her primary custody with partial custody awarded to the Defendant/Father following a custody conference. Respectfully submitted, tv Date r4(t r d 04 1.. Austin F. Grogan re 24 North 32nd Stied Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 y"S . Lly y.. "At 1 I, NICOLE O'BRIEN, 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 false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date-. P ,.. NICOLE O'BRIEN NICOLE A. O'BR1EN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6455 Civil PATRICK M. O'BRIEN, :114 DIVORCE AND CUSTODY Defendant NOTICE TO PLEAD TO THE WITHIN NAMED PLALr'T)FF: You are hereby notified to file a written response to the enclosed Answer Wlfh=New`, :t n? Matter within twenty (20) days from service hereof or a judgment maybe entered against ycu. KEEFER WOOD ALLEN & RAHAL, LLP by: >/? Bridget M. Whitley I.D. ° 33580 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 717-255.8027 Attorneys for Defendant fivff 13 ' • I NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6455 Civil PATRICK M. O'BRIEN, : IN DIVORCE AND CUSTODY Defendant ANSWER WITH NEW HATTER 1. Denied. The Plaintiff, Nicole A. O'Brien deserted the marital residence and currently resides at 108 Catherine Court, Lewisberry, York County, Pennsylvania. 2. Admitted 3. Admitted. 4. Admitted. 5. Defendant's response to paragraphs 1 through 4 of Plaintiffs complaint are incorporated herein by reference as if they were set forth fully below. 6. Admitted. 7. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment, and proof thereof is demanded at trial if relevant. In the alternative, paragraph 3 is a conclusion of law or a mixed conclusion of law and fact to which no response is required. 9. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to enter a Decree of Divorce. 10. Defendant's response to paragraphs 1 through 9 of Plaintiffs complaint are incorporated herein by reference as if they were set forth fully below. 11. Admitted in part and denied in part. Defendant admits that the parties are the natural parents of Patrick Nicholas O'Brien, who was bom on February 23, 1999. Defendant denies that the child's age is 5 months. At the time of filing of the Complaint, the child was age 8 months. 12. Admitted in part and denied in part. Defendant admits that the child, Patrick Nicholas O'Brien lived with his parents, the parties to this action, at 41 Sussex Road, Camp Hill, Cumberland County, Pennsylvania, which was the marital residence, from birth until July 27, 1999. Defendant denies that the child lived at the marital residence after July 27, 1999. By way of further response, the Plaintiff removed the child from the marital residence at that time, and she has permitted infrequent periods of visitation by the Defendant from that time until the present. 13. Admitted. 13. Admitted. 15. Admitted. 16. Denied. Paragraph 16 is a conclusion of law or a mixed conclusion of law and fact to which no response is required. If a response if required by the Court, Defendant denies that he has abused Plaintiff in front of the child over the course of the child's life. Defendant further denies that Plaintiff is entitled to primary custody of the child. 17. Denied. Defendant denies that he has proven to be an unfit role model. To the contrary, at all times throughout the course of the child's life, Defendant has proven himself to be a fit role model and a loving and responsible parent. 18. Denied. Defendant denies that Plaintiff is ready, able and willing to care for the child and further denies that she has done so since the child's birth. By way of further response, on numerous occasions, Plaintiff has appeared to lack interest in providing proper parenting of the child and places her needs and desires above those of the child. WHEREFORE, the Defendant respectfully requests this Honorable Court to deny Plaintiff's request for primary custody and to enter an Order granting him primary custody of his son, with partial custody awarded to Plaintiff following a custody conference. YEW MATTER 19. Defendant's response to paragraphs l through 18 of Plaintiffs complaint are incorporated herein by reference as if they were set forth fully below. 20. During the period of time that the child has been in Plaintiffs sole custody, the child has suffered from neglect. 21. Plaintiff has denied Defendant's numerous requests for more visitation with his son. 22. During the time that the Plaintiff and Defendant resided together, Defendant observed Plaintiffs abuse of alcohol. 23. The best interests of the child would be served by awarding primary custody of the 3- child to Defendant, since he is more mature and responsible, and is more likely to provide the non-custodial parent with liberal visitation. WHEREFORE, the Defendant requests this Honorable Court to grant him primary custody with partial custody awarded to Plaintiff following a custody conference. Dated: November a, 1999 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP ByAL? Bridget b[ .Whitley I.D. # 33580 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Attorneys for Defendant ..t . VERIFICATION I, PATRICK M. O'BRIEN, 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 false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unswom falsification to authorities. 11 A Patrick M. O'Brien Dated: November_t?, 1999 ,'ik? I, Bridget M. Whitley, Esquire, one of the attorneys for defendant, Patrick M. O'Brien, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, fast-class postage prepaid, addressed as follows: Austin F. Grogan, Esquire Law Offices of Austin F. Grogan 24 North 321 Street Camp Hill, PA 17011 KEEFER WOOD ALLEN & RAHAL, LLP Dated: November, 1999 By7 tt o ?{ . a/?if.Qtc? Bridget M. Whitley I.D. # 33580 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 Attorneys for Defendant ch '- i ua C% 't 1 t. l.. rrii ?( o ? ?.. jj ? ? . ? P? ya lei tat$ G Y O W W O y ? Q . 2 r NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT , AND NOW, this day of A R c, l , 2000,yUpon consideration of the attached Custody Conciliation Rport is ordered and directed as follows: ` 1. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick Nicholas O'Brien, born February 23, 1999. 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 schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 9:00 a.m., beginning April 1, 2000. In addition, the Father shall have custody of the Child every Thursday from 4:30 p.m. until 8:30 p.m., beginning April 20, 2000. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon 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 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. B. THANKSGIVING: The Mother shall have custody of the Child on Tha?ng Day in even numbered years from 9:00 a.m. until 8:30 p.m. and the Father shall have custody of the Child on Thanksgiving Day in odd numbered years from 9:00 a.m. until 8:30 p.m. During the week preceding Thanksgiving Day in even numbered years when the Mother has custody of the Child on Thanksgiving, the Father shall retain custody of the Child after his regular weekend period of custody through Wednesday morning at 9:00 a.m. C. FASTER: In even numbered years, the Father shall have custody of the Child on Easter from 9:00 a.m. until 8:30 p.m. and in odd numbered years, the Mother shall have custody of the Child on Easter from 9:00 a.m. until 8:30 p.m. D. NEW YEARS DAY: In odd numbered years, the Father shall have custody of the Child on New Years Day from 9:00 a.m. until 8:30 p.m. and the Mother shall have custody of the Child on New Years Day in even numbered years from 9:00 a.m. until 8:30 P.M. E. MEMORIAL DAY/IZIDEP@IDENCE DAY (observed)/LABCR DAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on Independence Day. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on Independence Day. The periods of custody on the foregoing holidays shall run from 9:00 a.m. until 8:30 p.m. F. WTH R'S DAY/FATBB2'S DAY: The Mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:30 p.m. G. CHM'S BIRTHDAY: The non-custodial parent shall have custody of the child on his birthday from 4:30 p.m. until 8:30 p.m. N. PARENTS' BIRTHDAYS: Each parent shall be entitled to have custody of the Child on that parent's birthday each year from 4:30 p.m. until 8:30 p.m. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have a period of uninterrupted custody with the child for one full week during each calendar year upon providing 60 days advance notice to the other party. The party providing notice first of his or her selection of dates under this provision shall be entitled to preference on selection of vacation days. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child and neither party shall use illegal drugs. 7. 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: Austin F. id Grogant Esquire - Counsel"for Mothe hi l E i C l f F th r ?Cv" .r 1,.lro Br get M. squ re - ounse or a er W t ey, n BY THE COMi NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-81 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 CUSPODS OF Patrick Nicholas O'Brien February 231 1999 Mother 2. A Conciliation Conference was held on March 29, 2000, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Austin F. Grogan, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Bridget M. Whitley, Esquire. 3. The parties agreed to entry of an order in the form as attached. /Ylama 3o JZ)00 N Date Dawn S. Sunday, Esqu re Custody Conciliator PATRICK M. O'BRIEN IN 11IE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE A. O'BRIEN 99-6455 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 1st day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 Nest Main Street, Meehaniesburg, PA 17055 on the 51h day of July, 2000, at 9:30 A AI for a Prc-Hcaring 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. FOR TIIE COURT, By: ls/ Dawn C, S- -y, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs 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 FORTI]l BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OU Jul.4 - I ni 1$ 54 CU1iP?lYlV1' G / G? 611- C'm?, a4 10 -BRIEN, : IN THE COURT OF COMMON Petitioner : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. :CIVIL ACTION - LAW NICOLE A. O'BRIEN, :CUSTODYNISITATION Respondent : NO. 99-6455 ORDER OF COURT AND NOW, , upon consideration of the attached Petition for Civil Contempt for Disobedience of Custody Order, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2000, at m., for a Pre- Hearing 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 a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 PATRICK M. O'BRIEN, Petitioner VS. NICOLE A. O'BRIEN, Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA :CIVIL ACTION - LAW : NO. 99-6455 :CUSTODYNISITATION NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have wilfully disobeyed an order of court for custody. If you wish to defend against the claim set forth In the following pages, you may but are not required to file In writing with the court your defenses or objections. Whether or not you file In writing with the court your defenses or objections, you must appear In person in court on in Courtroom at m., Cumberland County Courthouse, Hanover and High Streets, Carlisle, PA 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have wilfully failed to comply with Its order for custody, you may be found to be in contempt of court and committed to jail, fined or both. 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 PATRICK M. O'BRIEN, : IN THE COURT OF COMMON PLEAS Petitioner : OF CUMBERLAND COUNTY, :PENNSYLVANIA VS. :CIVIL ACTION - LAW NICOLE A. O'BRIEN, :CUSTODYNISITATION Respondent : NO. 99-6455 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER The Petition of Patrick M. O'Brien ('Petitioner") respectfully represents: 1. That on April 4, 2000, Judge J. Wesley Oler entered an Order awarding Petitioner shared legal and physical custody of the minor child, Patrick Nicholas O'Brien. A true and correct copy of the order Is attached to this petition. 2. Respondent has willfully failed to abide by the order in that she refuses to release the child to Petitioner's parents when Petitioner's work schedule causes him to be unavailable at 2:00 p.m. on Saturdays. WHEREFORE, Petitioner requests that Respondent be held in contempt of court. Bridget MI.-Whitley, Esq. Attorney for Petitioner Sup. Ct. No. 33580 Keefer Wood Allen & Rahal, LLP P.O. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. §4904 relating to unsworn falsification to authorities, Date: AL/, 76-0 Oo ?t,, l Patrick M. O'Brien, Petitioner NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. N0. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this X13 day of rIA4j , 2000, upon consideration of the atta-c-f:ed Custody nc at on Report, t is ordered and directed as follows: 1. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick Nicholas O'Brien, born February 23, 1999. 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 schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 9:00 a.m., beginning April It 2000. In addition, the Father shall have custody of the Child every Thursday from 4:30 p.m. until 8:30 p.m., beginning April 20, 2000. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon 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 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. B. THANKSGIVING: The Mother shall have custody of the Child on Thanksg?Tn-g Day in even numbered years from 9:00 a.m. until 8:30 p.m. and the Father shall have custody of the Child on Thanksgiving Day in odd numbered years from 9:00 a.m. until 8:30 p.m. During the week preceding Thanksgiving Day in even numbered years when the Mother has custody of the Child on Thanksgiving, the Father shall retain custody of the Child after his regular weekend period of custody through Wednesday morning at 9:00 a.m. C. EASTER: In even numbered years, the Father shall have custody of the Child on Easter from 9:00 a.m. until 8:30 p.m. and in odd numbered years, the Mother shall have custody of the Child on Easter from 9:00 a.m. until 8:30 p.m. D. NEW YEARS DAY: In odd numbered years, the Father shall have custody of the Child on New Years Day from 9:00 a.m. until 8:30 p.m. and the Mother shall have custody of the Child on New Years Day in even numbered years from 9:00 a.m. until 8:30 P.M. E. MEMORIAL DAY/IIIDP.PENDENCE DAY (observed)/LABOR DAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on Independence Day. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on Independence Day. The periods of custody on the foregoing holidays shall run fron 9:00 a.m. until 8:30 p.m. F. MOTHER'S DAY/FATHER'S DAY: The mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:30 p.m. G. cm. IS BERrHDAY: The non-custodial parent shall have custody of the child on his birthday from 4:30 p.m. until 8:30 p.m. H. PARENT'S' BIRTHDAYS: Each parent shall be entitled to have custody of the Child on that parent's birthday each year from 4:30 p.m. until 8:30 p.m. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have a period of uninterrupted custody with the Child for one full week during each calendar year upon providing 60 days 'advance notice to the other party. The party providing notice first of his or her selection of dates under this provision shall be entitled to preference on selection of vacation days. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child and neither party shall use illegal drugs. 7. 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: Austin F. Grogan, Esquire - Counsel for Mother Bridget M. Whitley, Esquire - Counsel for Father Thic y - Cay rii_ ._• .,? ? .Zov y -fin'. Prothonotary NICOLE A. O'BRIEN, Plaintiff vs. PATRICK M. O'BRIEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6455 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUWARY REPORT IN ACCORDANCE WITH COMBERLUM 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 BMM CURRENTLY IN CUSTODY OF Patrick Nicholas O'Brien February 23, 1999 Mother 2. A Conciliation Conference was held on March 29, 2000, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Austin F. Grogan, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Bridget M. Whitley, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esqu re Custody Conciliator I i t, u: . 11 C N t ( 7 5- lL ?'s 33) ?.. lt] _?i h tV C) V a ??af yp Z i PATRICK M. O'BRIEN, : IN THE COURT OF COMMON PLEAS Petitioner : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. :CIVIL ACTION - LAW NICOLE A. O'BRIEN, :CUSTODYNISITATION Respondent : NO. 99-6455 CERTIFICATE OF SERVICE I, Bridget M. Whitley, Esquire, one of the attorneys for Petitioner, Patrick M. O'Brien, hereby certify that I have served the foregoing Petition for Civil Contempt for Disobedience of Custody Order upon Respondent on this date by depositing a true and correct copy of the same in the United States mail, first class postage prepaid, addressed as follows: Nicole A. O'Brien 1262 Hunters Ridge Mechanicsburg, PA 17055 Dated: ?? .2m Bridget M. Whitley, Esq. Attorney for Petitioner Sup. Ct. No. 33580 Keefer Wood Allen & Rahal, LLP P.O. Box 11963 Harrisburg, PA 17108-1963 717-255-8027 h I `? c5 ? S U t.t IV { 4 U4 Fj S y ' }45 . 4e.? t ?tF AUG 7 2000th PATRICK M. O'BRIEN, Petitioner va. NICOLE A. O'BRIEN, Respondent : IN THE COURT OF WMMCN PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6455 CIVIL TERM CIVIL ACTICN - LAW : IN CUSTODY ORDER OF COURT AND NOW, this let day of August, 2000, the Conciliator, being advised by counsel for the parties that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for today, August 1, 2000, is canceled. FOR THE COURT, Darn S. Sunday, Esquire Custody Conciliator ?tnMr.++bva•eat.wc?wnaswi+ww«uinv...?weuw.w«.w+w..?twa.t-.,,.,..:.r....y. •'f?'?' r? ?? J'bw i i i} f i t r ? v 4 n ? s . r- NICOLE A. O'BRIEN, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, Defendant : IN DIVORCE AND CUSTODY NOTICE OF SERVICE OF DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFF TO: Curt Long, Prothonotary Sir: Please be advised that on October 26, 2000, an original and two copies of the Interrogatories of Defendant, Patrick M. O'Brien, and an original and one copy of a Request for Production of Documents and Things were served upon counsel for Plaintiff, Nicole A. O'Brien: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 by ordinary mail, to the above address. KEEFER WOOD ALLEN & RAHAL, LLP By: ?f• Bridget M. Whitley, Esq. Sup. Ct. No. 33580 Attorney for Defendant 210 Walnut Street Harrisburg, PA 17102 Date: October 26, 2000 ;:z C CN: u- I il ? y w W 3 z ? x ? a X r x a z ? d W m w i °z w z w . i NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99.6455 CIVILTERM PATRICK M.O'BRIEN, IN DIVORCE Defendant/Respondent DRN 30,183 PacsesN 484102805 ORDER OF COURT AND NOW, this 2nd day of November, 2000, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on December 14, 2000 of 9:00 A.AI, for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest, BY THE COURT, George E. Holler, President Judge Mail copies on Petitioner 11.2.00 to: < Respondent Samuel Andes, Esquire Bridget Whitley, Esquire r, Date of Order: November 2, 2000' , R.1. Fhadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 C w ? NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM IN DIVORCE AND CUSTODY MO-T N_EOR-HEARING-ON-REQUES_LEOR-ALIMONY-EENDENTE_LLTE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves this court, and the Domestic Relations Office, to schedule a conference on her request for Alimony Pendente Lite, as set out in Count IV of the Petition for Economic Relief filed in this matter, a copy of which is attached hereto. 27- cSPo'F- X00 Date S_'?W_'Qs Sa el L. Andes Attorney for Plaintiff Supreme Court ID k 17225 525 North 12'n Street Lemoyne, Pa 17043 (717) 761-5361 NICOLE A. O'BRIEN, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, Defendant IN DIVORCE AND CUSTODY P_ETMONTOR-EC.OROMI.C_RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for economic relief under the Divorce Code of Pennsylvania, as follows: COUNTl-1RRETRIEVABLE-BREAKDOWN 1. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. DOUNTJI=EQUITABLE-DISTRIBUTION 2. During the course of the marriage, the parties have acquired numerous Items of property, both real and personal, which are held in joint names and in the Individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUN_T_IIL- ALIMONY 3. Plaintiff lacks sufficient property to provide for her reasonable needs In accordance with the standard of living of the parties established during the marriage. 4. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 5. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support I and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COSlNLLV_ALINfONYLP-ENDENTE_LtTE 6. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 7. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT-V-- COUNSEL-EEES-ANDLEMENSES B. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 9. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 10. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Date:- na{ ??-j?, A L"?11 , iiw NICOLE A. O'BRIEN ?= -aoL L S m I L. Andes Attorney for Plaintiff Supreme Court ID N 17225 525 North 12'n Street Lemoyne, Pa 17043 (717) 761-5361 NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF PlainlifUPclitioncr CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, IN DIVORCE DcfcndanURcspondcnl DR# 30,183 Pacscs8 484102805 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 9 s day of January, 2000, upon consideration of the Petition for Alimony Pcndcnic Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R1 Shaddav on January 25, 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pcndcnic Lite be entered. YOU arc further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tar Return, including W-2's as filed (2) your pay stubs for the preceding sir (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffcr, President Judge Mail copies on Petitioner 1.9-01 to: < Respondent Samuel Andes, Esquire Bridget Whitely, Esquire ._? .. Date of Order: January 9, 2001 R.1. S adday, Confcrcncc Officcr YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cl •:n f i i`al In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION NICOLE A. OBRIEN ) Docket Number 9?8{ fgYC.ZVIL Plaintiff )"xra:=»:..w._ . VS. ) PACSES Case Number 484102805 /D30183 PATRICK M. OBRIEN ) Defendant ) Other State ID Number AND NOW, to wit on this 25TH DAY OF JANUARY, 2001 IT IS HEREBY ORDERED that the 0 Complaint for Support or Q Petition to Modify or (j) Other APL CLAIM filed on SEPTEMBER 26, 2000 in the above captioned matter is dismissed without prejudice due to: THE PARTIES' INCOMES, EXPENSES, AND A SHARED CUSTODY ARRANGEMENT WITH HUSBAND HAVING AN OBLIGATION OF SUPPORT. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. WO: RJ Shalial xc: plaintiff defenlant SamrA Mies, Esclulre Bridget Whitley, EW[re Form OE-506 Service Type M Worker ID 21005 BY THE COURT: K O? K;? K is?•'... I ? K t7tY 41 'u ? b NICOLE A. O'BRIEN, Plaintiff Vs. PATRICK M. O'BRIEN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99.6455 CIVIL TERM IN DIVORCE PRAECIPE Please withdraw all economic claims raised by the Plaintiff in this matter, including, without limitation, any claims for equitable distribution, alimony, alimony pendants lite, and counsel fees and expenses. Date: G Sam el L. Andes Attorney for Pla.ntiff 1. `^ _ 1 ? • :rte ': n 4u :I0. ?l - - r } 1 ?r f F)141 Y Y' 3Y rj 77 ? 77-- Theresa Barren Malc Supreme Court # 46439 513 Noah Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiffs V. NO. 99-6455 Civil Term PATRICK M. O'BRIEN Defendants CIVIL ACTION - CUSTODY I PRAECIPE i To the Prothonotary: Please enter the appearance of Theresa Barrett Male, Esquire on behalf of Defendant in this proceeding. / u.4-1,",?s u-C *I'Afx Theresa Barrett Male, Esquire Date: August 25, 2002 ` 1 4% t-. h j r i ei -H £ bf NICOLE A. dBRIEN IN TIIE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-6455 CIVIL ACTION LAW PATRICK M. O'BRIEN IN CUSTODY DEFENDANT AND NOW, Tuesday, October 08, 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, Mechanicsburg, PA 17055 on Thursday. November 07, 2001 at 1:00 PM 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 ftvc 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. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 1'0 I-IND OUT WHERE YOU CAN GI I' LEGAL IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i' , t C OCT 0 7 2002 Theresa Barrett Male Supreme Court p 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. PATRICK M. O'BRIEN Defendant AND NOW, this day of October, 2002, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before at the Custody Conciliator, on , 2002 at m. for a Pre-Hearing Custody Conference. At the 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 the entry of a temporary or permanent Order. NO. 99-6455 Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 711eresa Barrett Male Supreme Court p 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. PATRICK M. O'BRIEN Defendant NO. 99-6455 Civil Term : CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Defendant Patrick M. O'Brien ("Father") respectfully represents that on April 4, 2000, an Order of Court was entered for shared legal and physical custody of the parties' son, Patrick N. O'Brien (dob: 02/23/99). A true and correct copy of the order is attached as Exhibit I. 2. This Order should be modified because: a. plaintiff Nichole A. O'Brien ("Mother") recently asked Father to reduce his custody periods from three nights per week to only two nights every fourteen days. b. immediately after Father rejected this suggestion, Mother embarked on a campaign to alienate the child from Father, and to trump up false accusations against Father and his parents. Y Ih 1 C. Mother recently engaged a counselor for the child, which is a major non-emergency decision affecting the child's general well-being, without consulting Father. d. Mother has fabricated, and continues to manufacture, false and inflammatory statements against Father and his family, all of which have caused Father's family undue stress and anxiety. e. Father is more likely to encourage the child's relationship with Mother than she will with Father. f. Mother is creating scenes during custody exchanges. g. Mother now is refusing to allow Father's parents to continue transporting the child when Father, who is a Corrections Employee at SCI, cannot do so because of work. h. Mother now is refusing to allow Father to have Patrick baptized in the Roman Catholic church, despite the fact that both parties are Roman Catholic and despite their agreement to raise their son in that faith. L Mother refuses to allow Father to speak with Patrick during Mother's custody periods, even though Father routinely affords Mother this opportunity when he has custody. j. Mother does not discuss with Father Patrick's medical treatment in advance of securing treatment. 2 k. Mother fails to inform Father of Patrick's medical and dental appointments in advance of the appointments. Wherefore, Defendant requests that the Court modify the existing Order for custody because it will be in the best interest of the child for Defendant to have primary physical custody. Theresa Barrett Male, Esquire Supreme Court N 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: October 3, 2002 3 Exhibit 1 NICOLE A. O'BRIEN, Plaintiff vs. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6455 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COMM AND NOW, this d 5' day of ?a c, Q , 2000, upon consideration of the attached Custody nc at on Report-It is ordered and directed as follows: 1. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick Nicholas O'Brien, born February 23, 1999. 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 schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 9:00 a.m., beginning April 1, 2000. In addition, the Father shall have custody of the Child every Thursday from 4:30 p.m. until 8:30 p.m., beginning April 20, 2000. B. %be Mother shall havs custody of the Child at all times not otherwise specified for the Father under this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISMMAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment Be 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 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. B. THANKSGIVING: The Mother shall have custody of the Child on Thanksgiving Day in even numbered years from 9:00 a.m. until 8:30 p.m. and the Father shall have custody of the Child on Thanksgiving Day in odd numbered years from 9:00 a.m. until 8:30 p.m. During the week preceding Thanksgiving Day in even numbered years when the Mother has custody of the Child on Thanksgiving, the Father shall retain custody of the Child after his regular weekend period of custody through Wednesday morning at 9:00 a.m. C. EASTER: In even numbered years, the Father shall have custody of the Child on Easter fran 9:00 a.m. until 8:30 p.m. and in odd numbered years, the Mother shall have custody of the Child on Faster from 9:00 a.m. until 8:30 p.m. D. NEW YEARS DAY: In odd numbered years, the Father shall have custody of the Child on New Years Day from 9:00 a.m. until 8:30 p.m. and the Mother shall have custody of the child on New Years Day in even numbered years from 9:00 a.m. until 8:30 P.M. E. MEMORIAL DAVINDEPENDENCE DAY (observed)/LABCR DAY: In even numbered years, the Mother shall have custody of a Child on Memorial Day and Labor Day and the Father shall have custody on Independence Day. In odd numbered years, the Father shall have custody of the Child on memorial Day and Labor Day and the Mother shall have custody on Independence Day. The periods of custody on the foregoing holidays shall run from 9:00 a.m. until 8:30 p.m. F. MOTHER'S DAY/FATEMIS DAY: The Mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:30 p.m. G. r=-IS BIRTSDAY: The non-custodial parent shall have custody of the Child on his birthday from 4:30 p.m. until 8:30 p.m. H. PARENTS' BIRTHDAYS: Each parent shall be entitled to have custody of the Ch ld on that parent's birthday each year from 4:30 p.m. until 8:30 p.m. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have a period of uninterrupted custody with the child for one full week during each calendar year upon providing 60 days 'advance notice to the other party. The party providing notice first of his or her selection of dates under this provision shall be entitled to preference on selection of vacation days. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child and neither party shall ._ _, .I, t use illegal drugs. 7. We 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 term of this order shall control. BY THE COURT, cc: Austin F. Gcogan, Esquire - Counsel for Mother Bridget M. Whitley, Esquire - Counsel for Father. TT 1 ??.'1 ?1.?ti? ai4j th- 11 v` :: C:,t si:a, t'2. This y.- day of C 1, Prothonotary NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA va. NO. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, : CIVIL ACTION - LAW Defendant CUSTCOY COST= CONCILIATION SUMMARY REPORT IIi AOcmmmm N= wmamm C xwx ROLE OF crin PtiOC'mm 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 BIRTO CURRENTLY IN CUSTODY OF Patrick Nicholas O'Brien February 231 1999 Mother 2. A Conciliation Conference was held on March 29, 2000, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Austin F. Grogan, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Bridget M. Whitley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /Yln,-ck ,?? e1Cl' d ( Date Dawn S. Sunday, Esqu Esquire Custody Conciliator VERIFICATION I, Patrick M. O'Brien, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. D.-'a w Patrick M. O'Brien Date: October 3 , 2002 PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R,C.P. 440: Service by first-class mail addressed as follows: Dawn M. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Custody Conciliator Elizabeth S. Beckley, Esquire Beckley & Madden P. O. Box 11998 212 North Third Street Harrisburg, PA 17108-1998 Attorneys for Plaintiff Date: October 4, 2002 Theresa Barrett Male, Esquitic Supreme Court a 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant t' a? ? ?? ? r?- l `- ',t ;: i.?? I? ;i•?n O ? y ? ?? ? J .. ? (??j7? li S• ?.? CS `?•t .7 U V r'!i :''?: _, NICOLE A. O'BRIEN, Plaintiff V. PATRICK M. O'BR1EN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 99-6455 CIVIL TERM ORDER OF COURT AND NOW, this 10" day of October, 2002, upon consideration of Defendant's Motion for Evaluation Pursuant to Pa. R.C.P. 1915.8, Defendant's Application for Special Relief Pursuant to 1915.13, and Defendant's Petition for Civil Contempt for Disobedience of Custody Order, these matters are referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate and expedite this referral. Elizabeth S. Beckley, Esq. 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Attorney for Plaintiff Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Defendant M'1 BY THE COURT, J NICOLE A. O'BRIEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICK M. O'BRIEN DEFENDANT 99-6455 CIVIL ACTION LAW IN CUSTODY AND NOW, Thursday, October 10, 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, Mechanicsburg, PA 17055 on Thursday, November 07, 2002 at 1:00 P51 for a Prc-Hcaring 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 confcrcncc. Failure to appear at the confcrcncc 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 TI 1E COURT, By: ls/ Dawn C, c, day. Esq. g Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs 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 02 OrT I I ;j, 9: In PEN SYL;Fu,J'A /o•i/•oa ? .N?i7 a? ???? OUT 1 A 2001, . A qq r e,p } i a i y l y o.a ' a .. ; 1 tom. Y ._ . .. a ' , .4' F I S x'C I; OCT 0 7 2002 Theresa Barrett Male Supreme Court p 46439 513 North Second Street Harrisburg, PA 17101 (717)233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. NO. 99-6455 Civil Term PATRICK M. O'BRIEN Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, October 2002, upon consideration of Defendant's Motion for Evaluation Pursuant to Pa. R.C.P. 1915.8, the Court ORDERS: 1. Plaintiff and Defendant shall submit to a custody evaluation by The parties, the child, and any third parties deemed necessary by the evaluator shall participate fully in this process. 2. Plaintiff and Defendant shall share equally the costs of the custody evaluation, including the report. When the report is completed, each party shall remit her/his share of this expense within seven (7) days of request by the evaluator for payment. 3. The evaluator shall submit the report to counsel of record for each party. 4. Within fourteen (14) days after receipt of the report, Defendant, who is the moving party, shall submit a scheduling order for a hearing, or, if the matter is resolved based on the report, an order consistent with the resolution. BY THE COURT: J. Wesley Oler, Jr. J. 2 ?ry ai f+%1' Theresa Barrett Male Supreme Court M 46439 513 North Second Street Harrisburg, PA 17101 (717)233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. . NO. 99-6455 Civil Term PATRICK M. O'BRIEN Defendant CIVIL ACTION - CUSTODY DEFENDANT'S MOTION FOR EVALUATION PURSUANT TO PA.R.C.P. 1915.8 1. Concurrently with filing this motion, Defendant Patrick M. O'Brien ("Father") is filing a petition to modify the April 4, 2000 consent order for shared legal and physical custody of the parties' son, Patrick Nicholas O'Brien (dob: 02/23/99). 2. The grounds supporting this application include: a. plaintiff Nicole A. O'Brien ("Mother") has a history of aggressive and assaultive behavior. b. Mother has a family history of suicide attempts. C. Mother's brother, Albert Amico, Jr., has a criminal history involving a murder conviction in Maryland and drug offenses in Pennsylvania. d. Mother actively is engaged in a campaign to alienate the child from Father. e. Mother has fabricated untrue and inflammatory statements regarding Father and his family. f. Mother's false statements have caused Father and his family undue stress and anxiety. g. Mother has created and continues to create scenes when exchanging custody of the child. It. Mother is behaving erratically. Wherefore, Defendant requests that the Court enter an order directing the parties and the child to submit to an evaluation. / cam. w ?' 4 Theresa Barrett Male, Esquire Supreme Court N 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: October 3, 2002 2 VERIFICATION I, Patrick M. O'Brien, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. W ,dA-- - ea Patrick M. O'Brien Date: October 3 , 2002 j? PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Dawn M. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Custody Conciliator Elizabeth S. Beckley, Esquire Beckley & Madden P. O. Box 11998 212 North Third Street Harrisburg, PA 17108-1998 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court b 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: October 4, 2002 [7: ?l 1-} ui?.. L.7 ??) 14 ,, . _?.. (? =' 1.• i •j!Jl? . i?' L ?IIA.. ? Ic.7 rN? U ;; „ . ?: ?, , ;, OCT ? A 2002 s I OCT 0 7 2002 Theresa Barrett Male Supreme Court p 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. NO. 99-6455 Civil Term PATRICK M. O'BRIEN Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, October , 2002, upon consideration of Defendant's Application for Special Relief Pursuant to Pa. R.C.P. 1915.13, the Court GRANTS the Application and ORDERS: 1. Mr. and Mrs. Timothy O'Brien, the parents of Defendant Patrick M. O'Brien, are permitted to provide transportation for custody exchanges of the parties' child, Patrick N. O'Brien (dob: 02/23/99). 2. Pending further order of this Court, all custody exchanges shall occur inside the McDonald's Restaurant on Route 114 in Silver Spring Township. BY THE COURT: J. Wesley Oler, Jr. J. Theresa Barrett Male Supreme Court N 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. NO. 99-6455 Civil Term PATRICK M. O'BRIEN Defendant CIVIL ACTION - CUSTODY DEFENDANT'S APPLICATION FOR SPECIAL RELIEF PURSUANT TO 1915.13 1. Plaintiff Nichole A. O'Brien ("Mother") and Defendant Patrick M. O'Brien ("Father") are the parents of Patrick N. O'Brien (dob: 02/23/99). 2. On April 4, 2000, this Court entered a consent order awarding the parties shared legal and physical custody. 3. Paragraph 5 of the order states: Unless otherwise agreed by the parties, the party receiving custody of the child shall be responsible to provide transportation for the exchange of custody. 4. Following Father's initiation of a contempt proceeding against Mother in or around June 2000, the parties agreed that Father's parents, Mr. and Mrs. Timothy O'Brien, would provide transportation when Father was unavailable. 5. As a result of this agreement, Father abandoned the contempt action. 6. Father's parents have been providing transportation since 2000. 7. Father is a Corrections Employee at the State Correctional Institute in Camp Hill. 8. After Father rejected Mother's recent request that Father's custody periods be slashed from three nights per week to two nights every fourteen days, Mother refused to allow Father's parents to continue transporting the child when Father was unable to do so. 9. As more particularly set forth in the modification petition and his motion for mental examination which Father is filing in conjunction with this application, Mother has made false allegations against Father's parents both in the past and recently in refusing relinquish the child to his paternal grandparents. 10. Mother's false allegations against Father's parents are merely her attempt to make it more difficult for Father to exercise his custody periods, which currently are every Saturday at 2:00 P.M. until Tuesday at 9:00 a.m., and every Thursday from 4:30 p.m. to 8:30 p.m. 11. Mother has rejected Father's effort through counsel to resolve the transportation issue by having the exchanges occur at a public place rather than at Mother's home, specifically inside the McDonald's restaurant on Route 114 in Silver Spring Township. 12. Rule of Civil Procedure 1915.13 vests the custody court with the authority to enter orders for interim or special relief: At any time after the commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or 2 person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of court. Pa. R.C.P. 1915.13 (emphasis added). 13. An interim order resolving the transportation issue is warranted and necessary given the facts of this case. Wherefore, Defendant requests the court to grant this special relief application and enter an interim order directing that Defendant's parents are permitted to provide transportation for the child, and that all custody exchanges shall occur inside the McDonald's Restaurant on Route 114 in Silver Spring Township. Theresa Barrett Male, Esquire Supreme Court b 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: October 3, 2002 3 VERIFICATION I, Patrick M. O'Brien, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Patrick M. O'Brien Date: October 3 , 2002 PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Dawn M. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Custody Conciliator Elizabeth S. Beckley, Esquire Beckley & Madden P. 0. Box 11998 212 North Third Street Harrisburg, PA 17108-1998 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court N 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: October 4, 2002 I 0 h 4 ? v 6 , } S' jjj ' •i"K+ J i l" 1.. , OCT 0 7 2002 Theresa Barren Male Supreme Court p 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. NO. 99-6455 Civil Term PATRICK M. O'BRIEN Defendant CIVIL ACTION - CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have wilfully disobeyed an order of court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on , 2002 at M. in Courtroom A Cumberland County Court House, High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have wilfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. r 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. BY THE COURT: J. AMERICANS WITH DISABILITIES 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 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. BY THE COURT: J. Date: • Theresa Garrett Male Supreme Court N 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. NO. 99-6455 Civil Term PATRICK M. O'BRIEN Defendant CIVIL ACTION - CUSTODY DEFENDANT'S PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER The Petition of Patrick M. O'Brien respectfully represents: 1. That on April 4, 2000, this Court entered a consent order awarding the parties shared legal and physical custody of Patrick Nicholas O'Brien (dob: 02/23/99). A copy of the order is attached to this petition. 2. Plaintiff/Respondent ("Mother") has wilfully failed to abide by the order in that: a. she unilaterally engaged a counselor for the child, which is a major non-emergency decision affecting the child's general well- being, without consulting Defendant/Petitioner ("Father"), in violation of the shared legal custody provision. b. after Father recently rejected Mother's request that Father's custody periods slashed from three nights per week to two nights every fourteen days, Mother refused to allow Father's parents to continue transporting the child when Father, who is a Corrections Employee at SCI, could not do so because of work, in violation of the transportation provision, and in abrogation of her agreement that the paternal grandparents would provide transportation when Father could not. Mother's agreement was the quid pro quo for Father's abandonment of an earlier contempt action on the same issue. C. both parties are Roman Catholic and, despite agreement to raise their son in the Roman Catholic faith, Mother is refusing to allow Patrick to be baptized, in violation of the shared legal custody provision and the parties' agreement. d. Mother does not inform Father in advance of Patrick's medical, dental and related appointments, or discuss with rather the child's treatment in advance, all of which is in violation of the shared legal custody provision and the parties' agreement. fit`# i Al 7 Wherefore, Petitioner requests that Respondent be held in contempt of court. Petitioner also requests that the court award him legal fees incurred in connection with this petition. ,LtA Theresa Barrett Male, Esquir Date: October 3, 2002 Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant 3 Exhibit 1 . I ? NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6455 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND Now, this d 11' day of a e,0 , 2000, upon consideration of the attacF-Custody CcSnciliation Report, t is ordered and directed as follows: 1. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick Nicholas O'Brien, born February 23, 1999. 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 schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 9:00 a.m., beginning April 1, 2000. In addition, the Father shall have custody of the Child every Thursday from 4:30 p.m. until 8:30 p.m., beginning April 20, 2000. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHR STKAS: The Christmas holiday shall be divided into Segment As which shall run from Christmas Eve at 12:00 noon 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 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. B. TBANKSCIVING: The Mother shall have custody of the Child on Thrg Day in even numbered years from 9:00 a.m. until 8:30 p.m. and the Father shall have custody of the Child on Thanksgiving Day in odd numbered years from 9:00 a.m. until 8:30 p.m. During the week preceding Thanksgiving Day in even numbered years when the mother has custody of the Child on Thanksgiving, the Father shall retain custody of the Child after his regular weekend period of custody through Wednesday morning at 9:00 a.m. C. EASTER: In even numbered years, the Father shall have custody of the Child on Easter from 9:00 a.m. until 8:30 p.m. and in odd numbered years, the mother shall have custody of the Child on Faster from 9:00 a.m. until 8:30 p.m. D. NEW YEARS DAY: In odd numbered years, the Father shall have custody of a Child on New Years Day from 9:00 a.m. until 8:30 p.m. and the Mother shall have custody of the Child on New Years Day in even numbered years from 9:00 a.m. until 8:30 p.m. E. macRiAL DAY/INDEPFNM= DAY (cbeerved)/LABCR DAY: In even numbered years, the Mother shall have custody of a Child on Memorial Day and Labor Day and the Father shall have custody on Independence Day. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on Independence Day. The periods of custody on the foregoing holidays shall run from 9:00 a.m. until 8:30 p.m. F. MOTHER'S DAY/FATBPR'S DAY: The mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:30 p.m. G. CHILD'S BIFUMDAY: The non-custodial parent shall have custody of the child on his birthday from 4:30 p.m. until 8:30 p.m. H. PARENTS' BIRTEDAYS: Each parent shall be entitled to have' custody of the Child on that parent's birthday each year from 4:30 p.m. until 8:30 p.m. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have a period of uninterrupted custody with the Child for one full week during each calendar year upon providing 60 days 'advance notice to the other party. The party providing notice first of his or her selection of dates under this provision shall be entitled to preference on selection of vacation days. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child and neither party shall use illegal drugs. 7. 7hia 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 OOORTP J. CC: Austin F. crogant Esquire - Counsel for Mother Bridget M. Whitleyt Esquire - Counsel for Father =1 r if ul nd 04 :v-k' Thissday vii Prothonotary NICOLE A. O'BRIEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND CMWY, PENNSYLVANIA VS. NO. 99-6455 CIVIL TERM PATRICK M. O'BRIEN, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CCN=IATICN SUMMARY REPCRT IN AOOCRDANCE WITO CDIMERLAND COUNTY RDLE OF CIVIL PROCEDQtE 1915.3-81 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 B31M CURRENTLY IN CUSTCUY OF Patrick Nicholas O'Brien February 23, 1999 Mother 2. A Conciliation Conference was held on march 29, 2000, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Austin F. Grogan, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Bridget M. Whitley, Esquire. 3. 7be parties agreed to entry of an order in the form as attached. I&AZA a0040 Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I, Patrick M. O'Brien, state upon personal knowledge or information and belief that the averments set forth In the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Patrick M. O'Brien Date: October 3, 2002 . TT"'lil? PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Dawn M. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Custody Conciliator Elizabeth S. Beckley, Esquire Beckley & Madden P. 0. Box 11998 212 North Third Street Harrisburg, PA 17108-1998 Attorneys for Plaintiff 1 "'& slcc, d-&-- Theresa Barrett Male, Esq ire Supreme Court N 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: October 4, 2002 OCT 1 0 2002 2001011`Jo NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICK M. O'BRIEN, : Defendant NO. 99-6455 CIVIL TERM ORDER OF COURT AND NOW, this 10'h day of October, 2002, upon consideration of Defendant's Motion for Evaluation Pursuant to Pa. R.C.P. 1915.8, Defendant's Application for Special Relief Pursuant to 1915.13, and Defendant's Petition for Civil Contempt for Disobedience of Custody Order, these matters are referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-1, and the Court Administrator is requested to fncilitate and expedite this referral. BY THE COURT, Elizabeth S. Beckley, Esq. 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Attorney for Plaintiff Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Defendant i '7- . Wesley OIer,-Jr., J. _,, O 44 L .14 W 4J O N .{ W i=s , p ° o o ?r3 I ' NOV 1 8 mur ?` NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-6455 CIVIL ACTION LAW PATRICK M. O'BRIEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this l`(9= day of (Uo?,- 4(* 1 , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shicnvold, PhD. or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to address conflicts which have arisen in the current custody schedule and obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs and interests of the Child. The parties shall sign any authorizations requested by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay 68% and the Mother shall be responsible to pay 32% of the costs of the evaluation, contingent upon the Mother's agreement to refrain from filing a modification to the current support Order pending completion of the custody evaluation. The parties shall submit their share of the evaluation fees within 7 days of the evaluator's request to ensure that release of the evaluation written report is not delayed due to nonpayment. 2. The prior Order of this Court dated April 4, 2000 shall continue in effect as modified by this Order. 3. Pending completion of the custody evaluation process and further Order of Court or agreement of the parties, provision 2 of the April 4, 2000 Order is modified as follows and paragraph 5 is deleted. Neither party shall be prejudiced in his or her position on custody as a result of his or her agreement to amend the prior Order pending completion of evaluation process. 4. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 11:30 a.m. The Mother shall transport the Child to the paternal grandparents' residence on Saturdays during which the grandparents shall remain inside their residence. There shall be no communication between the Mother and the grandparents at the time of the exchange. The Father shall transport the Child to the Mother's residence on Tuesdays. The Father's periods of Thursday evening custody shall be eliminated beginning on November 14, 2002. 5. The parties agree that the Child shall be baptized on the last Sunday in January 2003. The Mother shall have custody of the Child immediately following the baptism through 6:00 p.m., at which time the Mother shall provide the transportation for return of custody to the Father. 6. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. 7. 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.. csley Oler, Jr. i J. cc:/Elizabcth S. Beckly, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father c ?- a? II•Iq-aa NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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 Patrick M. O'Brien February 23, 1999 Mother/Father 2. A Conciliation Conference was held on November 7, 2002, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Bcckly, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The Father filed Petitions for Contempt, Special Relief, Modification and Evaluation, all of which were referred by the Court for Conciliation by Order dated October 10, 2002. As a result of the parties' success in reaching the agreement which is reflected in the proposed Order, the Petitions for Special Relief and Evaluation have been resolved, the Petition for Modification will be addressed through the custody evaluation process and the Contempt Petition has been deferred by the Father pending resolution of the modification issues. The main factor underlying the conflicts which have arisen in the custody situation is the acrimonious relationship between the Mother and the paternal grandparents. Although it was agreed at the Conference that the Mother would continue to drop off the Child at the grandparents' residence on Saturdays, the parties also discussed and agreed to an alternate arrangement whereby the Father would pick up the Child at the Mother's residence on Saturdays at 11:00 a.m. in the event that conflict persisted and the Mother did not believe it was in the Child's best interest to continue the exchange at the grandparents' home. 4. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator r. is a ? ?? as w Y Ln Q £ • AUO 2 8 2043 ? NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99.6455 CIVIL ACTION LAW PATRICK M. O'BRIEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z 4FK day of G N? , 2003, upon consideration of the attached Custody Conciliation Report, it is ordefed and directed as follows: 1. The prior Order of this Court dated November 19, 2002 is vacated and replaced with this Order. 2. The Mother, Nicole A. O'Brien and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick M. O'Brien, born February 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terns of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. On a trial basis pending the additional custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child as follows: A. The Mother shall have primary physical custody of the Child. B. The Father shall have partial physical custody of the Child during two out of three weekends from Friday after work when the Father shall pick up the Child from the Mother's residence through the following Tuesday morning before work when the Father shall return the Child to the Mother's residence, with the exception that the Mother shall have custody of the Child on Saturday when the Father is working. The Father shall transport the Child to and from the Mother's residence on Saturday before and after work. C. During the third weekend in each three-week cycle the Mother shall have custody of the Child from Friday through Monday morning at 9:00 am. CUMccii_;,• COUNTY PENI&S}1[VALA D. During weeks immediately following the Mother's weekend period of custody, the Father shall have a period of custody with the Child from Monday at 9:00 am through Tuesday, when the Father shall transport the Child to the Mother's residence before work. E. During weeks immediately preceding the Mother's weekend periods of custody, the Father shall have a period of custody on Thursday morning from 9:00 am until the Father begins work. F. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. G. The custody schedule set forth in this provision shall begin on Friday, August 15, 2003, with the Father having his second weekend period of custody in the three week cycle so that the Mother has custody of the Child over the weekend beginning August 22, 2003. 4. The parties acknowledge that the Father's agreement to continue with the temporary schedule set forth in the preceding provision is contingent upon the Mother's agreement to enroll the Child in parochial school beginning in kindergarten. The parties' agreement to follow the custody schedule set forth in this Order on a trial basis shall be without prejudice to his or her position as to ongoing custody arrangements. 5. The parties shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on November 19, 2003 at 8:30 am for the purpose of reviewing the trial custody arrangements and establishing an ongoing custody schedule. 6. 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: Theresa lBarrett Male, Esquire - Counsel for Father A n?? L Lr?? o g. ?a BY THE COURT. NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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 Patrick M. O'Brien February 23, 1999 Mothcr/Father 2. A Conciliation Conference was held on August 13, 2003, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /gVQU4L ?a. X003 Date Dawn S. Sunday, Esquire Custody Conciliator w j' A Sk, a t - .. I's •w? ??5 PEA X,?? w rn a • DEC el 2053 .- - . NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NON, this 1 yI day of • e e . c) , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court entered in August 2003 is vacated and replaced with this order. 2. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick M. O'Brien Jr., bom February 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terns of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child as follows: A. The Mother shall have primary physical custody of the Child. B. The Father shall have partial physical custody of the Child during two out of three weekends from Friday after work when the Father shall pick up the Child from the Mother's residence through the following Tuesday morning at 9:00 am, when the Mother shall pick up the Child. During the Father's weekend periods of custody, the Mother shall have custody on Saturday when the Father is working. The Father shall transport the Child to and from the Mother's residence on Saturday before and alter work. C. During the third weekend in each three week cycle, the Mother shall have custody of the Child from Friday through Monday morning at 9:00 am. D. During weeks immediately following the Mother's weekend pcriods of custody the Father shall have a period of custody with the Child from Monday at 9:00 am, when the Mother shall transport the Child to the Father's residence, through Tuesday at 9:00 am, when the Mother shall pick up the Child. E. During weeks immediately preceding the Mother's weekend pcriods of custody, the Father shall have a period of custody on Thursday morning from 9:00 am, when the Mother shall transport the Child to the Father's residence until 11:30 am, when the Father shall return the Child to the Mother's residence. F. The parties acknowledge that their agreement to transfer custody from the Father to the Mother on Tuesday mornings at 9:00 am rather than at a later time is intended to facilitate the Child's transition from the Mother's custody to school on those days. The parties agree to cooperate in extending the Tuesday morning period of custody when the transition time is no longer necessary. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: The Thanksgiving holiday period of custody shall run from 9:00 am until 8:00 pm. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. The parties shall have custody over the weekend following Thanksgiving in accordance with the regular custody schedule. B. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 pm through Christmas Day at 2:00 pm, and Segment B, which shall run from Christmas Day at 2:00 pm through December 26th at 2:00 pm. 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. C. NEW YEARS: The New Years holiday shall run from 9:00 am on New Years Eve through 8:00 pm on New Years Day. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. The Mother shall have custody of the Child over the New Years holiday in even numbered years and the Father shall have custody in odd numbered years. D. ALTERNATING HOLIDAYS: The period of custody on the alternating holidays in this provision shall run from 9:00 am until 8:00 pin, In even numbered years, the Father shall have custody of the Child on Easter and July 4'h and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter and July 4a' and the Father shall have custody on Memorial Day and Labor Day. E. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 am until 8:00 pin. F. CHILD'S BIRTHDAY: The non-custodial parent shall be entitled to have custody of the Child for a period of four hours on the Child's birthday each year with the specific times to be arranged by agreement. G. SIBLINGS' BIRTHDAYS: The parties shall make adjustments to the custody schedule to enable the Child to attend the birthday parties (for a minimum of four hours) of any of the Child's siblings. H. PARENTS' BIRTHDAYS: Each party shall be entitled to have a period of custody with the Child for a period of four hours on his or her birthday each year with the specific times to be arranged by agreement. L The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have uninterrupted custody of the Child for two non- consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation days. Each party shall schedule his or her periods of custody under this provision to include his or her regular weekend period of custody and each vacation period shall begin on Saturday and run for a period of seven consecutive days. Neither party shall schedule periods of custody under this provision during the first week alter the school year ends or the last full week before the new school year begins. In the event a party is not traveling out of the area during his or her vacation period, the other party shall be entitled to have a four hour period of custody with the Child. 6. Unless otherwise stated in this Order, the party relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. The parties agree that the Child shall be enrolled in parochial school beginning with the kindergarten year. 8. In the event the Mother is not traveling outside the local area with the Child during her weekend period of custody but is not planning to take the Child to church, the Mother shall offer the Father the opportunity to take the Child to church. 9. In the event either party is unavailable to provide care for the Child during his or her period of custody for a period of four hours or more, that party shall contact the other party to offer the opportunity to provide care for the Child before contacting third party caregivers. 10. 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:zabeth S. Beckley, Esquire - Counsel for Mother • -Theresa Barrett Male, Esquire - Counsel for Father ?a-o a-c?3 J. BY THE COURT, NICOLE A. O'BRIEN, Plaintiff vs. PATRICK M. O'BR1EN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITIT 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 Patrick M. O'Brien, Jr. February 23, 1999 Mother 2. A Conciliation Conference was held on November 19, 2003, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?11v?t',?. /wl x,) U o,3 r Date Dawn S. Sunday, Esquire Custody Conciliator - - NICOLE A. O'BRIEN IN T'1IE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICK M. O'BRIEN DEFENDANT 99.6455 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 10, 2004 , upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq._, the conciliator. al 39 West Main Street, Mechanicsburg, PA 17055 on _ Thursday, April 01, 2004 at 10:30 AM for a Pre•Itearing Custody Conference. At such conference, an of art 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 unit all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TI E. COURT. Ily: /s/ DavnLS, Strttdrty, Esq. o Custody Conciliator T'hc Court of Common Pleas of Cumberland County is required by huw to comply with the Americans with Disabilites Act of 1990. i:or 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 b0bre the court. You must attend the scheduled conference or hearing. YOU SIIOULD TAKI? THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY Olt CANNOT AFFORD ONE. GO TO OR T1.1.1:1'1IONE TI ll: OFFICE. SF i.,ow ll BLLOW TO FIND OUT WIEERI: YOU CAN GE I' LEGAL IIELP. Cumberland County Bar Association 32 South Bcdfittd Street Carlisle. Pennsylvania 17013 Telephonc (717) 249.3 166 nzEo-o, ?,c - 0=711_ I,?v h"SIY 20041;,; IQ Fri 3: 25 MAh' M4 NICOLE A. 0131MIX :IN'I'I Ili C'OLIRT OF COMMON PLEAS OF Petitioner :C UMBFIMAND COUNTY. PENNSYLVANIA V. :CIVIL ACTION - LAW :IN CUS'I'OUY PATRICK M.O•IIRII?N. Respondent M. 99.0455 ORDER OF COURT You. PATRICK M. 0.11MIX (respondent) have been sued in court to modify custody. partial custody or visitation ol'the child: PA'T'RICK N. O•BRIIX JR.. You are ordered to appear in person to on .at m.. I'm t a conciliation or mediation ctml'ercncc. a pretrial conference. I I a hearing belirre the court. If you fail to appear as provided by this order. an order Im custody. partial custody or visitation may be entered against you or the court may issue a warrant lirr your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE., GO -1'0 oft TELEPHONE THE OFFICE, SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle. PA 17013 800-990-9108 AMERICANS WITI I DISABILITIES AC'T' 01: 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business belirre the court. please contact our office. All arrangements must he made at least 72 hours prior to roiy hearing or business belire the court. You must attend the scheduled conference or bearing. FOR TIIF. COURT: Date: Inv: 5 i F('l. r' 3E a'1 L! C . W h Q i t 't 0 . ? ti F ? L Pa 'x x ??.\ It it I NI II! III i, I I: V Ns 1'INAN IA 171 ON.1 MOM NICOLE A. O'BRIEN. :IN T'Illi COURT 01: COMMON PLEAS OF Petitioner :CUMBEALAND COUNTY. PENNSYLVANIA V. :C'IV11. ACTION - LAW :IN CUSTODY PATRICK M. O'BRIEN. Respondent :NO. 99-6455 PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW comes the Plainlili: Nicole A. O'Brien, who, by and through her attomcys. Thonms A. Beckley. Esquire. I:Iimbeth S. Beckley. Esquire, and Beckley & Madden, ol'Counsel, files this Petition lift Modification ol'a Custody Order, in which she avers that: I. The Petition ill' Nicole A. O'Brien respectfully represents thin on December 2.2003, an Order ol'Court was entered for Custody. a true map correct copy of which is attached hereto marked us Exhibit A and incorporated herein. 2. This Order should he modified because: U. Respondent's work scheduled has changed such thin it is in the child's best interest to eliminate Respondent's overnight with the child till Monda) nights. h. The panics have agreed 111;11 the Respondent will Ilan 11111° 1 of 111e child's parochial school tuition each )-cur that lie is enrolled in parochial school: C. The parties have agreed that the Respondent sill register the child each year at St. Joseph's elementary school: d. Respxmdenl recently violaled the Court's Order h) Failing Io mail the child to the Petitioner "hen he wcm In work and by tailing to tell the Petitioner %%licrr the child was while the Respondent was m work. Respraafenl bird to rely till 11,111 of lu• Custody Order which provided that if either parent were going to he away Iron the child for a period of fibur hours or more. the other parent would have the right to have custody of the child. Petitioner wants the Court to modify this provision to a two hour period as well as provide that Petitioner will have custody of the child when the Respondent is it work. and C. The parties were each given two uninterrupted non-consecutive weeks of visitation during the summer. Since Respondent has two out of every three weekends. it needs to he clear that Respondent will exercise his custody during his weekends and not Petitioner's weekend. WIIhRIa'Olll:. Plaintiff respectfully requests that the Court modify the current custody Order as indicated in this petition I'm Modification. DATIiD: 3/'101 of Counsel BECKLEY & MADDEN 212 North Third Street 11.0. Box 11998 I larrishurg. PA 17108 (717) 233-7691 Respectl'ully submitted. VIERIFICA'1'ION 1. Nicole A. O'Brien. hereby verify that the shUements made In the liuepoing document are true and correct to the Ivsi of my knowledge, inkinnalion and 1whel', understand that false statements herein arc made sub}eel to the IvallIlles IN I'll. C, S. Section 4904. relating to unsworn falsification to authorities, N olc A. O'Nrien ' EXHIBIT A NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-6455 CIVIL ACTION LAW PATRICK M. O'BRIEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of?becE.m?eR , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court entered in August 2003 is vacated and replaced with this order. 2. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick M. O'Brien Jr., bom February 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child as follows: A. The Mother shall have primary physical custody of the Child. B. The Father shall have partial physical custody of the Child during two out of three weekends from Friday after work when the Father shall pick up the Child from the Mother's residence through the following Tuesday morning at 9:00 am, when the Mother shall pick up the Child. During the Father's weekend periods of custody, the Mother shall have custody on Saturday when the Father is working. The Father shall transport the Child to and from the Mother's residence on Saturday before and after work. C. During the third weekend in each three week cycle, the Mother shall have custody of the Child from Friday through Monday morning at 9:00 am. D. During weeks immediately following the Mother's weekend periods of custody the Father shall have a period of custody with the Child from Monday at 9:00 am, when the Mother shall transport the Child to the Father's residence, through Tuesday at 9:00 am, when the Mother shall pick up the Child. E. During weeks immediately preceding the Mother's weekend periods of custody, the Father shall have a period of custody on Thursday morning from 9:00 am, when the Mother shall transport the Child to the Father's residence until 11:30 am, when the Father shall return the Child to the Mother's residence. F, The parties acknowledge that their agreement to transfer custody from the Father to the Mother on Tuesday mornings at 9:00 am rather than at a later time is intended to facilitate the Child's transition from the Mother's custody to school on those days. The parties agree to cooperate in extending the Tuesday morning period of custody when the transition time is no longer necessary. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGTVING: The Thanksgiving holiday period of custody shall run from 9:00 am until 8:00 pm. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. The parties shall have custody over the weekend following Thanksgiving in accordance with the regular custody schedule. B. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 pm through Christmas Day at 2:00 pm, and Segment B, which shall run from Christmas Day at 2:00 pm through December 26th at 2:00 pm. 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. C. NEW YEARS: The New Years holiday shall run from 9:00 am on New Years Eve through 8:00 pm on New Years Day. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. The Mother shall have custody of the Child over the New Years holiday in even numbered years and the Father shall have custody in odd numbered years. • ? 1 a • D. ALTERNATING HOLIDAYS: The period of custody on the alternating holidays in this provision shall run from 9:00 am until 8:00 pm. In even numbered years, the Father shall have custody of the Child on Easter and July 4'h and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter and July 4i' and the Father shall have custody on Memorial Day and Labor Day. E. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 am until 8:00 pm. F. CHILD'S BIRTHDAY: The non-custodial parent shall be entitled to have custody of the Child for a period of four hours on the Child's birthday each year with the specific times to be arranged by agreement. G. SIBLINGS' BIRTHDAYS: The parties shall make adjustments to the custody schedule to enable the Child to attend the birthday parties (for a minimum of four hours) of any of the Child's siblings. H. PARENTS' BIRTHDAYS: Each party shall be entitled to have a period of custody with the Child for a period of four hours on his or her birthday each year with the specific limes to be arranged by agreement. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have uninterrupted custody of the Child for two non- consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation days. Each party shall schedule his or her periods of custody under this provision to include his or her regular weekend period of custody and each vacation period shall begin on Saturday and run for a period of seven consecutive days. Neither party shall schedule periods of custody under this provision during the first week after the school year ends or the last full week before the new school year begins. In the event a party is not traveling out of the area during his or her vacation period, the other party shall be entitled to have a four hour period of custody with the Child. 6. Unless otherwise stated in this Order, the party relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. The parties agree that the Child shall be enrolled in parochial school beginning with the kindergarten year. 8. In the event the Mother is not traveling outside the local area with the Child during her weekend period of custody but is not planning to take the Child to church, the Mother shall offer the Father the opportunity to take the Child to church. 9. In the event either party is unavailable to provide care for the Child during his or her period of custody for a period of four hours or more, that party shall contact the other party to offer the opportunity to provide care for the Child before contacting third party caregivers. 10. 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, i5 R. J. Wesley Oler, Jr., J. cc: Elizabeth S. Beckley, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony wh Cof, l here unto set my hand e the seal of sa' Court Carlisle, Pa. "__..j....... A.... ULC? rJZ NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-6455 CIVIL ACTION LAW PATRICK M. O'BRIEN, Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. 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 Patrick M. O'Brien, Jr. February 23, 1999 Mother 2. A Conciliation Conference was held on November 19, 2003, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?'e } D L) C Date ?- Dawn S. Sunday, Esquire Custody Conciliator CERTIFICATE OF SERVICE 1. Elirabob S. Beckley, [-*squire. hereby certify that a true and correct copy ol'thc foregoing document was this day served arm the person and in the manner indicated below. SERVICES: BY FIRST CLASS MAIL: 'T'heresa Barrett Male, Esquire 513 North Second Street I larrisburg. PA 17101 DATED: L air t .. Beckley, lisywr C? <r v ? N V N4 ^1 Y3 .y? 1 ? 'fit t*1 r} t . • +1lAj l ?I . 1 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. O'BRIEN Plaintiff V. NO. 99.6455 Civil Term PATRICK O'BRIEN Defendant CIVIL ACTION - CUSTODY PRAECIPE TO THE PROTHONOTARY Please withdraw the appearance of Theresa Barrett Male, Esquire and enter the appearance of Patrick O'Brien, pro se. Date: March -/I ,2004 Theresa Barrett Male, Esquire Date: March 2004 / C%? Patrick O'Brien l , S1 N ? i gg ?? cS N v c„ 4: . s P s? .? 4,1 ' ?yy' µU3sw I All a t ? Y ?h S 5 5 p p .. U. f? m Z APR 0 6 200 ; NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99.6455 CIVIL ACTION LAW PATRICK M. O'BRIEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached Custody Conciliation Report, it is rdercd and directed as follows: 1. The prior Order of this Court dated December 2, 2003 shall continue in effect as modified by this Order. 2., The Father's Monday overnight periods of custody under paragraph 313 and 3D of the prior Order shall be suspended until such time as the Father's work schedule changes back to daytime hours, at which time the Monday overnight periods of custody shall automatically resume. The Father shall provide at least 48 hours advance notice in writing to the Mother to schedule an earlier pickup time for the Child on Friday, which shall be no earlier than 4:00 pm unless otherwise agreed between the parties. The parties acknowledge that the Mother's agreement to this provision is based on the Father's assurance that the earlier pick up will not be requested every Friday of the month. 3. Each party's uninterrupted periods of custody under paragraph 5 of the prior Order shall be extended to three, rather than two, nonconsecutive weeks during the summer school break each year. Each vacation period shall run from Saturday at 9:00 am through the following Saturday at 9:00 am. The Mother shall schedule her periods of custody under this provision !o include her regular weekend period of custody. The Father shall schedule his periods of custody under this provision to begin and end on his regular weekend periods of custody. 4. The parties agree that the Child shall be enrolled for kindergarten at St. Joseph's School in Mechanicsburg. The Father shall be responsible to register the Child and provide advance notice thereof to the Mother. The Father shall be responsible to pay 100% of the Child's tuition as long as the Child attends parochial school. The Mother shall be responsible to pay all costs of the Child's uniforms. 5. The Father shall take all necessary steps with his medical insurance carrier to authorize and enable the Mother to obtain all medical insurance information concerning the Child. f ? =f)-Qi r G'- 4v TI r," TD N)"I 20011 APR 13 AN 11: 57 f `i r, rJiY tiAg'A3w. IT, =r 34r1 a r i 'rdq. a: ?t eau 0'y. t ?? Y r'a ; 1L t? 2 G. The parties agree to work cooperatively with each other in effectuating paragraph 9 of the prior Order in a reasonably flexible manner in an effort to improve their co-parenting efforts. Counsel for either party or a party pro sc may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the implementation of this provision, if necessary. 7. The Father agrees to obtain insurance coverage information concerning co-parenting counseling and provide the information to the Mother. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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: Elizabeth S. Beckley, Esquire - Counsel for Mother pi,QuC y, ?? V/ Patrick M. O'Brien, Father 'c`?-? BY THE COURT, NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. 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 Patrick M. O'Brien February 23, 1999 MolhedFathcr 2. A Conciliation Conference was held on April 1, 2004, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. r"- 12r SODcf L:=? Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW NICOLE A. HURST IN 71IE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-6455 CIVIL ACTION LAW PATRICK M. OIIRIEN IN CUSTODY DEITNDANT ORDER OF COURT AND NOW, Wednesday, February 01, 2006 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 - Tuesday, February 28, 2006 at 10:00 AM for a Pre-I (caring 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 ake live or older may also be present at the conference. Failure to appear al the contcrence may provide grounds for entry ol'a temporary or permanent order. The court hereby directs the parties to furnish any and till existing Protection from Abuse orders, Special Relief orders, and Custody orders to file conciliator 48 hours prior to scheduled hearing. FOR TI IE COURT. By: Al Dann S. Sun4ay? Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infomnation abort accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our ollice. 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 MIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT RAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO 1.0 OR 'I ELEPI IONS 111E 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 FREED-OFFICE 1 ?1`A OF THE PROTHr,1iOTARY Gl 2006 FEB -I PH 2: 55 WIVE- ?• /•Qb Cu?• Ps?• er?uc?? MaA r5 IAA ? rj 0 JAN L 6 2006 Theresa Barren Male Supreme Court M 46439 513 North Second Street Harrisburg, PA 17101 (717)2333220 tbmOtbmesqulre.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HURST (formerly O'Brien) Plaintiff V. PATRICK M. O'BRIEN Defendant NO. 99.6455 CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, January 2006, upon consideration of Defendant's Petition for Modification of a Custody Order, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire, the Conciliator, at 39 West Main Street, New Cumberland, Pennsylvania 17055, on the day of February, 2006 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 the 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 the scheduled hearing. For the Court, By. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For Information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 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 2 It Therese Barrett Male Supreme Court M 46439 513 North Second Street Harrisburg, PA 17101 (717) 2333220 tbmOtbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HURST [formerly O'Brien] Plaintiff V. NO. 99-6455 PATRICK M. O'BRIEN Defendant CIVIL ACTION -CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Patrick M. O'Brien ("Father") respectfully represents that on April 9, 2003 [sic]' an Order of Court was entered for custody of the parties' child, Patrick N. O'Brien (dob: 02/23/99). A copy of the order Is attached as Exhibit 1. A copy of the prior orders dated December 2, 2002 (sic], August 29, 2003, November 19, 2002, and April 4, 2000 are attached as Exhibits 2, 3, 4, and 5, respectively. ' In fact, the order was entered in 2004. If 2. This Order should be modified because: a. At meeting two weeks ago, Patrick's teachers and other school professionals met with the parties and advised the parties that there is a difference In Patrick at school when he is In Father's custody, as opposed to when he is with Plaintiff ("Mother"). b. At this meeting, the school professionals also advised the parties that they expect different levels of competency from Patrick on the days he is with Father than on the days he is with Mother. C. When Patrick Is with Mother, he often is tardy for school. d. When Patrick is with Mother, he often misses his speech therapy class, or arrives late for it. e. When Patrick is with Mother, he misses his extracurricular activities. f. When Patrick is with Mother, he sometimes calls his father to bring him meals. 3. This Order also should be modified because Mother and her current husband have separated, as result of which: a. Mother has had several girlfriends living and/or staying with her. b. Mother has had her home telephone disconnected. C. Mother's estranged husband, who owns the property in which he and Mother had resided, recently told her to vacate the premises, as a result of which Patrick will be uprooted. 2 d. Father can provide greater stability for Patrick than Mother can provide. Wherefore, Defendant requests that the court modify the order because It will be in the best Interest of the child. Theresa Barrett Male, Esquire Supreme Court 1146439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 24, 2006 3 I Exhibit 1 APR(g 04 ( 'C NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSN'LVANL-k 99-6455 CIVIL ACTION LAW LV CUSTODY ORDER OF COURT AND NOW, this 9 E- day of , 2003, upon consideration of the attached Custody Conciliation R Wort, it is ordered and directed as follows: 1. The prior Order of this Court dated December 2, 2003 shall continue in effect as modified by this Order. 2., The Father's Monday overnight periods of custody under paragraph 3B and 3D of the prior Order shall be suspended until such time as the Father's work schedule changes back to daytime hours, at which time the Monday overnight periods of custody shall automatically resume. The Father shall provide at least 49 hours advance notice in writing to the Mother to schedule an earlier pickup time for the Child on Friday, which shall be no earlier than 4:00 pm unless otherwise agreed between the parties. The parties acknowledge that the Mother's agreement to this provision is based on the Father's assurance that the earlier pick up will not be requested every Friday of the month. 3. Each party's uninterrupted periods of custody under paragraph 5 of the prior Order shall be extended to three, rather than two, nonconsecutive weeks during the summer school break each year. Each vacation period shall run from Saturday at 9:00 am through the following Saturday at 9:00 am. The Mother shall schedule her periods of custody under this provision to include her regular weekend period of custody. The Father shall schedule his periods of custody under this provision to begin and end on his regular weekend periods of custody. 4. The parties agree that the Child shall be enrolled for kindergarten at St. Joseph's School in Mechanicsburg. The Father shall be responsible to register the Child and provide advance notice thereof to the Mother. The Father shall be responsible to pay 100% of the Child's tuition as long as the Child attends parochial school. The Mother shall be responsible to pay all costs of the Child's uniforms. 5. The Father shall take all necessary steps with his medical insurance carrier to authorize and enable the Mother to obtain all medical insurance information concerning the Child. 6. The parties agree to work cooperatively with each other in effectuating paragraph 9 of the prior Order in a reasonably flexible manner in an effort to improve their co-parenting efforts. Counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the implementation of this provision, if necessary. 7. The Father agrees to obtain insurance coverage information concerning co-parenting counseling and provide the information to the Mother. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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, /S/ (3. ? `l _- J. Wy Oler, Jr. J. cc: Elizabeth S. Beckley, Esquire - Counsel for Mother Patrick M. O'Brien, Father TRUE COPY FJFJOM RCCgTG In 7^.d1i1::or#y 1'tii41utq 1 ,? n ur:t •St my &ndtt'a?sgal t;t W-1 a, Cul,44c pd. °o if; izo L: T? -y ?- ..o 'uwy PtaNneiary r NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99.6455 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 Patrick M. O'Brien February 23, 1999 Mother/Father 2. A Conciliation Conference was held on April 1, 2004, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. 6-9 4 In 6V Date . L===? Dawn S. Sunday, Esquire Custody Conciliator ii . Exhibit 2 l5? ??`1 DEC 0 3 2003 D NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant DEC 0 12003 0py IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW .IN CUSTODY ORDER OF COURT apnd \ AND NOW, this /L day of bete bCR _, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court entered in August 2003 is vacated and replaced with this order. 2. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick M. O'Brien Jr., born February 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child as follows: A. The Mother shall have primary physical custody of the Child. B. The Father shall have partial physical custody of the Child during two out of three weekends from Friday after work when the Father shall pick up the Child from the Mother's residence through the following Tuesday morning at 9:00 am, when the Mother shall pick up the Child. During the Father's weekend periods of custody, the Mother shall have custody on Saturday when the Father is working. The Father shall transport the Child to and from the Mother's residence on Saturday before and after work. C. During the third weekend in each three week cycle, the Mother shall have custody of the Child from Friday through Monday morning at 9:00 am. D. During weeks immediately following the Mother's weekend periods of custody the Father shall have a period of custody with the Child from Monday at 9:00 am, when the Mother shall transport the Child to the Father's residence, through Tuesday at 9:00 am, when the Mother shall pick up the Child. E. During weeks immediately preceding the Mother's weekend periods of custody, the Father shall have a period of custody on Thursday morning from 9:00 am, when the Mother shall transport the Child to the Father's residence until 11:30 am, when the Father shall return the Child to the Mother's residence. F. The parties acknowledge that their agreement to transfer custody from the Father to the Mother on Tuesday mornings at 9:00 am rather than at a later time is intended to facilitate the Child's transition from the Mother's custody to school on those days. The parties agree to cooperate in extending the Tuesday morning period of custody when the transition time is no longer necessary. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: The Thanksgiving holiday period of custody shall run from 9:00 am until 8:00 pm. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. The parties shall have custody over the weekend following Thanksgiving in accordance with the regular custody schedule. B. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 pm through Christmas Day at 2:00 pm, and Segment B, which shall run from Christmas Day at 2:00 pm through December 26th at 2:00 pm. 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. C. NEW YEARS: The New Years holiday shall run from.9:00 am on New Years Eve through 8:00 pm on New Years Day. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. The Mother shall have custody of the Child over the New Years holiday in even numbered years and the Father shall have custody in odd numbered years. D. ALTERNATING HOLIDAYS: The period of custody on the alternating holidays in this provision shall run from 9:00 am until 8:00 pm. In even numbered years, the Father shall have custody of the Child on Easter and July 40h and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter and July 4'h and the Father shall have custody on Memorial Day and Labor Day. E. MOTHER'S DAY / FATHER'S DAY, In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 am until 8:00 pm. F. CHILD'S BIRTHDAY: The non-custodial parent shall be entitled to have custody of the Child for a period of four hours on the Child's birthday each year with the specific times to be arranged by agreement. G. SIBLINGS' BIRTHDAYS: The parties shall make adjustments to the custody schedule to enable the Child to attend the birthday parties (for a minimum of four hours) of any of the Child's siblings. H. PARENTS' BIRTHDAYS: Each party shall be entitled to have a period of custody with the Child for a period of four hours on his or her birthday each year with the specific times to be arranged by agreement. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have uninterrupted custody of the Child for two non- consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation days. Each party shall schedule his or her periods of custody under this provision to include his or her regular weekend period of custody and each vacation period shall begin on Saturday and run for a period of seven consecutive days. Neither party shall schedule periods of custody under this provision during the first week after the school year ends or the last full week before the new school year begins. In the event a party is not traveling out of the area during his or her vacation period, the other party shall be entitled to have a four hour period of custody with the Child. 6. Unless otherwise stated in this Order, the party relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. The parties agree that the Child shall be enrolled in parochial school beginning with the kindergarten year. 8. In the event the Mother is not traveling outside the local area with the Child during her weekend period of custody but is not planning to take the Child to church, the Mother shall offer the Father the opportunity to take the Child to church. 9. In the event either party is unavailable to provide care for the Child during his or her period of custody for a period of four hours or more, that party shall contact the other party to offer the opportunity to provide care for the Child before contacting third party caregivers. 10. 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, sl R. J. Wesley Oler, Jr., J. cc: Elizabeth S. Beckley, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father £ ,, TRUE In Tcstlmon; '. , ;1:N Ui.% IJ 55t Iny hand _ bnddho sell of salcJCo-it t a Carlislo, Fa. NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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 Patrick M. O'Brien, Jr. February 23, 1999 Mother T 2. A Conciliation Conference was held on November 19, 2003, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and? the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. .? ?e ?Iy +7,.1 4 aC IQ ??- s . Date Dawn S. Sunday, Esquire ; >.? Custody Conciliator `+` AUG 2 8 2003 NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 IN CUSTODY CIVIL ACTION LAW ORDER OF COURT pI@19dISEP 0 4 2003 D By AND NOW, this a 4 ? day of (1),... 2003, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Order of this Court dated November 19, 2002 is vacated and replaced with this Order. 2. The Mother, Nicole A. O'Brien and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick M. O'Brien, bom February 23,1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. On a trial basis pending the additional custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child as follows: A. The Mother shall have primary physical custody of the Child. B. The Father shall have partial physical custody of the Child during two out of three weekends from Friday after work when the Father shall pick up the Child from the Mother's residence through the following Tuesday morning before work when the Father shall return the Child to the Mother's residence, with the exception that the Mother shall have custody of the Child on Saturday when the Father is working. The Father shall transport the Child to and from the Mother's residence on Saturday before and after work. C. During the third weekend in each three-week cycle the Mother shall have custody of the Child from Friday through Monday morning at 9:00 am. D. During weeks immediately following the Mother's weekend period of custody, the Father shall have a period of custody with the Child from Monday at 9:00 am through Tuesday, when the Father shall transport the Child to the Mother's residence before work. E. During weeks immediately preceding the Mother's weekend periods of custody, the Father shall have a period of custody on Thursday morning from 9:00 am until the Father begins work. F. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. G. The custody schedule set forth in this provision shall begin on Friday, August 15, 2003, with the Father having his second weekend period of custody in the three week cycle so that the Mother has custody of the Child over the weekend beginning August 22, 2003. 4. The parties acknowledge that the Father's agreement to continue with the temporary schedule set forth in the preceding provision is contingent upon the Mother's agreement to enroll the Child in parochial school beginning in kindergarten. The parties' agreement to follow the custody schedule set forth in this Order on a trial basis shall be without prejudice to his or her position as to ongoing custody arrangements. 5. The parties shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on November 19.2003 at 8:30 am for the purpose of reviewing the trial custody arrangements and establishing an ongoing custody schedule. 6. 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, JS/Q. bit'JI. &L, Q. J. a ey Oler, r., -I J. cc: Elizabeth S. Beckley, Esquire - Counsel for Mother Theresa Barrett Male, Esquire . Counsel for Father TRW- Ct:JPV r"^Uit; F'rC C)r J? In Tostimnny tvhtrekit, 1 tsra 1100 SN my 14 Kano and Iha 3-131 of 5.iid C - it at C?til ,l3, Pt:. rh1 19= Y u ?-- Prolhono aro NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW IN CUSTODY 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 Patrick M. O'Brien February 23, 1999 Mother/Fat)tcr 2. A Conciliation Conference was held on August 13, 2003, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit 4 Nov 18 20021 NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW INCUSTODY Rlm1'L002 ORDER OF COURT AND NOW, this /9+h day of _PJOU"e2 , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to address conflicts which have arisen in the current custody schedule and obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs and interests of the Child. The parties shall sign any authorizations requested by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay 68% and the Mother shall be responsible to pay 32% of the costs of the evaluation, contingent upon the Mother's agreement to refrain from filing a modification to the current support Order pending completion of the custody evaluation. The parties shall submit their share of the evaluation fees within 7 days of the evaluator's request to ensure that release of the evaluation written report is not delayed due to nonpayment. 2. The prior Order of this Court dated April 4, 2000 shall continue in effect as modified by this Order. 3. Pending completion of the custody evaluation process and further Order of Court or agreement of the parties, provision 2 of the April 4, 2000 Order is modified as follows and paragraph 5 is deleted. Neither party shall be prejudiced in his or her position on custody as a result of his or her agreement to amend the prior Order pending completion of evaluation process. 4. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 11:30 a.m. The Mother shall transport the Child to the paternal grandparents' residence on Saturdays during which the grandparents shall remain inside their residence. There shall be no communication between the Mother and the grandparents at the time of the exchange. The Father shall transport the Child to the Mother's i residence on Tuesdays. The Father's periods of Thursday evening custody shall be eliminated beginning on November 14, 2002. 5. The parties agree that the Child shall be baptized on the last Sunday in January 2003. The Mother shall have custody of the Child immediately following the baptism through 6:00 p.m., at which time the Mother shall provide the transportation for return of custody to the Father. 6. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. 7. 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: Elizabeth S. Beckly, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father 1"U-* In t t' uny ord 767. ,- said Th .,drS pIryrwl? urt at Ctriisla. Pa. ProMionotaty / BY THE COURT, NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99.6455 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 Patrick M. O'Brien February 23, 1999 Mother/Father 2. A Conciliation Conference was held on November 7, 2002, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckly, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The Father filed Petitions for Contempt, Special Relief, Modification and Evaluation, all of which were referred by the Court for Conciliation by Order dated October 10, 2002. As a result of the parties' success in reaching the agreement which is reflected in the proposed Order, the Petitions for Special Relief and Evaluation have been resolved, the Petition for Modification will be addressed through the custody evaluation process and the Contempt Petition has been deferred by the Father pending resolution of the modification issues. The main factor underlying the conflicts which have arisen in the custody situation is the acrimonious relationship between the Mother and the paternal grandparents. Although it was agreed at the Conference that the Mother would continue to drop off the Child at the grandpas _nt rasir.:n•: ^ c.; Saturdays, the parties also discussed and agreed to an alternate arrangement whurchy tlo: roti:: pick up the Child at the Mother's residence on Saturdays at 11:00 a.m. in th_ -:%-w that persisted and the Mother did not believe it was in the Child's best interest to continue the exchange at the grandparents' home. 4. The parties agreed to entry of an Order in the fort as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Gi 'xvc Exhibit 5 NICOLE A. O'BRIEN, Plaintiff vs. PATRICK M. O'BRIE4, Defendant IN THE COURT OF COM04CN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6455 CIVIL TERM CIVIL ACTION - LAW CRDER OF COURT AND NOW, this d 11' day of (1n..y 20001 upon consideration of the attacFed Custody nc 3at [Mn Report, t is ordered and directed as follows: 1. Vie Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick Nicholas O'Brien, born February 23.. 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emorgency 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 schedule: A. The Father shall have custody of the child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 9:00 a.m., beginning April 11 2000. in addition, the Father shall have custody of the Child every Thursday from 4:30 p.m. until 8:30 p.m., beginning April 20, 2000. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CORISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon 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 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. B. TaANIGSGrVING: The Mother shall have custody of the Child on Thng Day in even numbered years from 9:00 a.m. until 8:30 p.m. and the Father shall have custody of the Child on I • Thanksgiving Day in odd numbered years from 9:00 a.m. until 8:30 p.m. During the week preceding Thanksgiving Day in even numbered years when the Mother has custody of the Child on Thanksgiving, the Father shall retain custody of the Child after his regular weekend period of custody through Wednesday morning at 9:00 a.m. C. EAsm: In even numbered years, the Father shall have custody of the child on Easter from 9:00 a.m. until 8:30 p.m. and in odd numbered years, the Mother shall have custody of the Child on Easter from 9:00 a.m. until 8:30 p.m. D. NEW YEARS MY: In odd numbered years, the Father shall have cus -- a child on New Years Day from 9:00 a.m. until 8:30 p.m. and the Mother shall have custody of the Child on New Years Day in even numbered years from 9:00 a.m. until 8:30 P.M. E. mEmoRIAL DAY/nMEPENDENCE DAY (cbeerved)/LA m DAY: in even numbered years, the Mother Anall ve custody o the child on Memorial Day and Labor Day and the Father shall have custody on independence Day. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on independence Day. The periods of custody on the foregoing holidays shall run frcm 9:00 a.m. until 8:30 p.m. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the ch d every year on mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:30 p.m. G. CBILD'S BIRTIMY: The non-custodial parent shall have custody of the Child on his birthday from 4:30 p.m. until 8:30 p.m. H. PARENT'S' HII22snAYS: Each parent shall be entitled to have custody of the Ch ld on that parent's birthday each year from 4:30 p.m. until 8:30 p.m. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have a period of uninterrupted custody with the Child for one full week during each calendar year upon providing 60 days 'advance notice to the other party. The party providing notice first of his or her selection of dates under this provision shall be entitled to preference on selection of vacation days. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child and neither party shall use illegal drugs. 7. Zhis order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions 'of this Cyder by mutual consent. In the absence of mutual conaentr the terms of this order shall control. BY THE C0W,, 1. /.QJ D_. i J. cc: Austin r. Grogan, Esquire - Counsel for Mother Bridget M. Whitleye Esquire - counsel for Father. arid the ail u! :?:i.. r: G Iz f, Pa. This V%:-. day of-O Prothonotary NICOLE A. O'BRIMNintiff vs. PATRICK M. O'BR,IFNfendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND 000N7Y, PENNSYLVANIA N0. 99-6455 CIVIL TERM : CIVIL ACTION - LAW cosTcoy WSTOpY OONCILZATION SC!l7AFaf RED' IN AC=MRNCS KITH coKBEk= COONZ'r RDLB CF CIVIL PROC ED.URS 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 m=S COHRPS7 MY IN CDSTODY OF Patrick Nicholas O'Brien February 23, 1999 Mother 2. A conciliation Conference was held on March 291 2000, with the following individuals in attendance: Thed the Molthert Patrick B i0'Brienth her counsel, Austin F. Grogan, Esquire# with his counsel, Bridget M. Whitley, Esquire. 3. The parties agreed to entry of an order in the form as attached. n^ (mac ? " "'/;- ?p? aD Dawn S. Sunday, Esquire Date Custody Conciliator i t f,. 717+233+6862 Jai iii 2006 3:24PM THERESA BARRETT MALE, ESO. VERIFICATION No.0007 P. 7 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. § 4904, rotating to unsworn falsification to authorities. Patrick M. O'Brien Date: January __.2006 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mall addressed as follows: Elizabeth S. Beckley, Esquire Beckley & Madden P. 0. Box 11998 212 North Third Street Harrisburg, PA 17108-1998 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 25, 2006 9 t? u.r'"; y th W U N U } 4a jn* a?r: F:CciVEO MAR 0 92U,5 S NICOLE A. HURST Plaintiff VS. PATRICK M. O'BRIEN Defendant Prior Judge: J. Wesley Olcr, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99.6455 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 Patrick N. O'Brien February 23, 1999 Mother 2. A custody conciliation conference was held on February 28, 2006, with the following individuals in attendance: The Mother, Nicole A. Hurst, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. This Court previously entered Orders in this matter on December 2, 2002 and April 9, 2005, under which the Mother has primary physical custody of the Child and the Father has partial custody on two out of three weekends from Friday through Tuesday and during the interim weeks from Monday through Tuesday. Due to concerns regarding the Child's school performance, the Father filed this Petition for Modification seeking primary custody during the school year. During discussions at the conference, it was determined that the panics had had a joint meeting with various teachers and other school personnel concerning the Child and a Pinnacle Health evaluation concluded that the Child has attention deficit hyperactive disorder. 4. The panics agreed that prior to an additional conciliation conference: (1) The parties will obtain a written summary or report from the Child's teacher or other school official reflecting discussions at the school meeting held in November or December 2005, (2) The Mother will obtain a report from the Pinnacle Health physician or psychologist who evaluated the Child for ADHD and, (3) The parties will exchange information concerning the Child's schedule in each household in an effort to promote as much consistency as possible. It was agreed that an additional conciliation conference would be held at the request of counsel after the parties had an opportunity to discuss the written obscrvations/rccommendations from the school personnel. 5. No further Order is necessary at this time. 4jjdACk- 6 f - .7-0,d& L3e2?? Date Dawn S. Sunday, Esquire Custody Conciliator ccizabcth S. Beckley, Esquire - Counsel for Mother ?Itcresa Barrett Malc, Esquire - Counsel for Father CT tutr C? r? C= y N L) 41 /?gq - Wyss c;oj I 0' i r" C. A 13(i e- n V S. C' ?.?,rce / (-as dckj -f', I? hG s a C-e prl o r -j o Q/ - o2. - -U (a nQf -SC."n ed, Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HURST [formerly O'Brien] Plaintiff V. PATRICK M. O'BRIEN Defendant NO. 99-6455 CIVIL ACTION - CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Patrick M. O'Brien ("Father") respectfully represents that on April 9, 2003 [sic]' an Order of Court was entered for custody of the parties' child, Patrick N. O'Brien (dob: 02/23/99). A copy of the order is attached as Exhibit 1. A copy of the prior orders dated December 2, 2002 [sic], August 29, 2003, November 19, 2002, and April 4, 2000 are attached as Exhibits 2, 3, 4, and 5, respectively. ' In fact, the order was entered in 2004. 2. This Order should be modified because: a. At meeting two weeks ago, Patrick's teachers and other school professionals met with the parties and advised the parties that there is a difference in Patrick at school when he is in Father's custody, as opposed to when he is with Plaintiff ("Mother"). b. At this meeting, the school professionals also advised the parties that they expect different levels of competency from Patrick on the days he is with Father than on the days he is with Mother. C. When Patrick is with Mother, he often is tardy for school. d. When Patrick is with Mother, he often misses his speech therapy class, or arrives late for it. e. When Patrick is with Mother, he misses his extracurricular activities. f. When Patrick is with Mother, he sometimes calls his father to bring him meals. 3. This Order also should be modified because Mother and her current husband have separated, as result of which: a. Mother has had several girlfriends living and/or staying with her. b. Mother has had her home telephone disconnected. C. Mother's estranged husband, who owns the property in which he and Mother had resided, recently told her to vacate the premises, as a result of which Patrick will be uprooted. 2 d. Father can provide greater stability for Patrick than Mother can provide. Wherefore, Defendant requests that the court modify the order because it will be in the best interest of the child. Theresa Barrett Male, Esquire Supreme Court #46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 24, 2006 3 Exhibit 1 APR 2G l NICOLE A. O'BRIEN, Plaintiff vs. PATRICK M. O'BRIEN, Defendant N THE COURT OF COMMON PLEAS OF CL`14BERLaND COUNTY, PENNSYZ VANLk 99-6455 CI-,-'IL ACTION LAW IN CUSTODY ORDER OF COURT - AND NOW, this t t<c - day , 2003, upon consideration of the attached Custody Conciliation on R ort, it is ordered and directed as follows: 1. The prior Order of this Court dated December 2, 2003 shall continue in effect as modified by this Order. 2., The Father's Monday overnight periods of custody under paragraph 3B and 3D of the prior Order shall be suspended until such time as the Father's work schedule changes back to daytime hours, at which time the Monday overnight periods of custody shall automatically resume. The Father shall provide at least 48 hours advance notice in writing to the Mother to schedule an earlier pickup time for the Child on Friday, which shall be no earlier than 4:00 pm unless otherwise agreed between the parties. The parties acknowledge that the Mother's agreement to this provision is based on the Father's assurance that the earlier pick up will not be requested every Friday of the month. 3. Each party's uninterrupted periods of custody under paragraph 5 of the prior Order shall be extended to three, rather than Mo. nonconsecutive weeks during the summer school break each year. Each vacation period shall run from Saturday at 9:00 am through the following Saturday at 9:00 am. The Mother shall schedule her periods of custody under this provision to include her regular weekend period of custody. The Father shall schedule his periods of custody under this provision to begin and end on his regular weekend periods of custody. 4. The parties agree that the Child shall be enrolled for kindergarten at St. Joseph's School in Mechanicsburg. The Father shall be responsible to register the Child and provide advance notice thereof to the Mother. The Father shall be responsible to pay 100% of the Child's tuition as long as the Child attends parochial school. The Mother shall be responsible to pay all costs of the Child's uniforms. 5. The Father shall take all necessary steps with his medical insurance carrier to authorize and enable the Mother to obtain all medical insurance information concerning the Child. 6. The parties agree to work cooperatively with each other in effectuating paragraph 9 of the prior Order in a reasonably flexible manner in an effort to improve their co-parenting efforts. Counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the implementation of this provision, if necessary. 7. The Father agrees to obtain insurance coverage information concerning co-parenting counseling and provide the information to the Mother. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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, /S/ J . 6 L,. lS&.. Wesley Oler,' Jr. J. cc: Elizabeth S. Beckley, Esquire - Counsel for Mother Patrick M. O'Brien, Father In `'?? C Py .. F?'3C?at1Ct? J try i c' = C : a t;;; Ana ,rd ?otltotlol;lry NICOLE: A. O'BRIEN, Plaintiff vs. PATRICK M. O' BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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 Patrick M. O'Brien February 23, 1999 Mother/Father 2. A Conciliation Conference was held on April 1, 2004, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. of aoo!f Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit 2 DEC 0 3 2003 NICOLE A. O'BRIEN, Plaintiff vs. PATRICK M. O'BRIEN, Defendant DEC b 12003 '0py IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW .IN CUSTODY ORDER OF COURT np nd. AND NOW, this /t day of DeCcm eR , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court entered in August 2003 is vacated and replaced with this order. 2. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick M. O'Brien Jr., born February 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child as follows: A. The Mother shall have primary physical custody of the Child. B. The Father shall have partial physical custody of the Child during two out of three weekends from Friday after work when the Father shall pick up the Child from the Mother's residence through the following Tuesday morning at 9:00 am, when the Mother shall pick up the Child. During the Father's weekend periods of custody, the Mother shall have custody on Saturday when the Father is working. The Father shall transport the Child to and from the Mother's residence on Saturday before and after work. C. During the third weekend in each three week cycle, the Mother shall have custody of the Child from Friday through Monday morning at 9:00 am. D. During weeks immediately following the Mother's weekend periods of custody the Father shall have a period of custody with the Child from Monday at 9:00 am, when the Mother shall transport the Child to the Father's residence, through Tuesday at 9:00 am, when the Mother shall pick up the Child. E. During weeks immediately preceding the Mother's weekend periods of custody, the Father shall have a period of custody on Thursday morning from 9:00 am, when the Mother shall transport the Child to the Father's residence until 11:30 am, when the Father shall return the Child to the Mother's residence. F. The parties acknowledge that their agreement to transfer custody from the Father to the Mother on Tuesday mornings at 9:00 am rather than at a later time is intended to facilitate the Child's transition from the Mother's custody to school on those days. The parties agree to cooperate in extending the Tuesday morning period of custody when the transition time is no longer necessary. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: The Thanksgiving holiday period of custody shall run from 9:00 am until 8:00 pm. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. The parties shall have custody over the weekend following Thanksgiving in accordance with the regular custody schedule. B. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 pm through Christmas Day at 2:00 pm, and Segment B, which shall run from Christmas Day at 2:00 pm through December 26th at 2:00 pm. 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. C. NEW YEARS: The New Years holiday shall run from.9:00 am on New Years Eve through 8:00 pm on New Years Day. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. The Mother shall have custody of the Child over the New Years holiday in even numbered years and the Father shall have custody in odd numbered years. D. ALTERNATING HOLIDAYS: The period of custody on the alternating holidays in this provision shall run from 9:00 am until 8:00 pm. In even numbered years, the Father shall have custody of the Child on Easter and July 4th and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter and July 4th and the Father shall have custody on Memorial Day and Labor Day. E. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 am until 8:00 pm. F. CHILD'S BIRTHDAY: The non-custodial parent shall be entitled to have custody of the Child for a period of four hours on the Child's birthday each year with the specific times to be arranged by agreement. G. SIBLINGS' BIRTHDAYS: The parties shall make adjustments to the custody schedule to enable the Child to attend the birthday parties (for a minimum of four hours) of any of the Child's siblings. H. PARENTS' BIRTHDAYS: Each party shall be entitled to have a period of custody with the Child for a period of four hours on his or her birthday each year with the specific times to be arranged by agreement. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have uninterrupted custody of the Child for two non- consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation days. Each party shall schedule his or her periods of custody under this provision to include his or her regular weekend period of custody and each vacation period shall begin on Saturday and run for a period of seven consecutive days. Neither party shall schedule periods of custody under this provision during the first week after the school year ends or the last full week before the new school year begins. In the event a party is not traveling out of the area during his or her vacation period, the other party shall be entitled to have a four hour period of custody with the Child. 6. Unless otherwise stated in this Order, the party relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. The parties agree that the Child shall be enrolled in parochial school beginning with the kindergarten year. 8. In the event the Mother is not traveling outside the local area with the Child during her weekend period of custody but is not planning to take the Child to church, the Mother shall offer the Father the opportunity to take the Child to church. 9. In the event either party is unavailable to provide care for the Child during his or her period of custody for a period of four hours or more, that party shall contact the other party to offer the opportunity to provide care for the Child before contacting third party caregivers. 10. 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, Isi r jR . J. Wesley Oler, Jr., J. cc: Elizabeth S. Beckley, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father ?Et ?io$1Ei11Ulo ;?'p ?' "<j e7?+a?1ufY€e Ili °E/e?:? CY LC:u -? ?9 £1::'^$4S?cs ?'?o z . mow= eav .,11+5.1,6e ?-? I NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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 Patrick M. O'Brien, Jr. February 23, 1999 Mother 2. A Conciliation Conference was held on November 19, 2003, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit 3 AUG 2 8 2003 C?Op? NICOLE A. O'BRIEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-6455 CIVIL ACTION LAW PATRICK M. O'BRIEN, n Defendant IN CUSTODY SEP 0 4 2003 ORDER OF COURT AND NOW, this a 9 ti-- day of (,),.,e , 2003, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Order of this Court dated November 19, 2002 is vacated and replaced with this Order. 2. The Mother, Nicole A. O'Brien and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick M. O'Brien, born February 23, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. On a trial basis pending the additional custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child as follows: A. The Mother shall have primary physical custody of the Child. B. The Father shall have partial physical custody of the Child during two out of three weekends from Friday after work when the Father shall pick up the Child from the Mother's residence through the following Tuesday morning before work when the Father shall return the Child to the Mother's residence, with the exception that the Mother shall have custody of the Child on Saturday when the Father is working. The Father shall transport the Child to and from the Mother's residence on Saturday before and after work. C. During the third weekend in each three-week cycle the Mother shall have custody of the Child from Friday through Monday morning at 9:00 am. D. During weeks immediately following the Mother's weekend period of custody, the Father shall have a period of custody with the Child from Monday at 9:00 am through Tuesday, when the Father shall transport the Child to the Mother's residence before work. E. During weeks immediately preceding the Mother's weekend periods of custody, the Father shall have a period of custody on Thursday morning from 9:00 am until the Father begins work. F. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. G. The custody schedule set forth in this provision shall begin on Friday, August 15, 2003, with the Father having his second weekend period of custody in the three week cycle so that the Mother has custody of the Child over the weekend beginning August 22, 2003. 4. The parties acknowledge that the Father's agreement to continue with the temporary schedule set forth in the preceding provision is contingent upon the Mother's agreement to enroll the Child in parochial school beginning in kindergarten. The parties' agreement to follow the custody schedule set forth in this Order on a trial basis shall be without prejudice to his or her position as to ongoing custody arrangements. 5. The parties shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on November 19, 2003 at 8:30 am for the purpose of reviewing the trial custody arrangements and establishing an ongoing custody schedule. 6. 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, /5 / Q l tJ..? my,i , Q . J. e ley Oler, Yr., - I J. cc: Elizabeth S. Beckley, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father P°fxj 3'i p-'kvA?1 P"VI InT0sFvn "f tm Yfit a3 - ) t0;C$ and the ? 39 ni s?ii? G rki q # ai ° l a, ape prc tenbi rd NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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 Patrick M. O'Brien February 23, 1999 Mother/Father 2. A Conciliation Conference was held on August 13, 2003, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. moo, boa C. Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit 4 NOV 18 20021 NICOLE A. O'BRIEN, Plaintiff vs. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT NOV 24 2002 AND NOW, this /9A day of OV"e P, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to address conflicts which have arisen in the current custody schedule and obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs and interests of the Child. The parties shall sign any authorizations requested by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay 68% and the Mother shall be responsible to pay 32% of the costs of the evaluation, contingent upon the Mother's agreement to refrain from filing a modification to the current support Order pending completion of the custody evaluation. The parties shall submit their share of the evaluation fees within 7 days of the evaluator's request to ensure that release of the evaluation written report is not delayed due to nonpayment. 2. The prior Order of this Court dated April 4, 2000 shall continue in effect as modified by this Order. 3. Pending completion of the custody evaluation process and further Order of Court or agreement of the parties, provision 2 of the April 4, 2000 Order is modified as follows and paragraph 5 is deleted. Neither party shall be prejudiced in his or her position on custody as a result of his or her agreement to amend the prior Order pending completion of evaluation process. 4. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 11:30 a.m. The Mother shall transport the Child to the paternal grandparents' residence on Saturdays during which the grandparents shall remain inside their residence. There shall be no communication between the Mother and the grandparents at the time of the exchange. The Father shall transport the Child to the Mother's residence on Tuesdays. The Father's periods of Thursday evening custody shall be eliminated beginning on November 14, 2002. 5. The parties agree that the Child shall be baptized on the last Sunday in January 2003. The Mother shall have custody of the Child immediately following the baptism through 6:00 p.m., at which time the Mother shall provide the transportation for return of custody to the Father. 6. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary. 7. 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: Elizabeth S. Beckly, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father In T? ' ?auY ??;h ?f?, 4 hd t o Est s ad 0.1"d stSaaI Qf said lc u I at. C. friisla, € a. _. Frotlhonotary, i' BY THE COURT, NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Patrick M. O'Brien February 23, 1999 Mother/Father 2. A Conciliation Conference was held on November 7, 2002, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Elizabeth S. Beckly, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. The Father filed Petitions for Contempt, Special Relief, Modification and Evaluation, all of which were referred by the Court for Conciliation by Order dated October 10, 2002. As a result of the parties' success in reaching the agreement which is reflected in the proposed Order, the Petitions for Special Relief and Evaluation have been resolved, the Petition for Modification will be addressed through the custody evaluation process and the Contempt Petition has been deferred by the Father pending resolution of the modification issues. The main factor underlying the conflicts which have arisen in the custody situation is the acrimonious relationship between the Mother and the paternal grandparents. Although it was agreed at the Conference that the Mother would continue to drop off the Child at the Saturdays, the parties also discussed and agreed to an alternate arrangement when ch, pick up the Child at the Mother's residence on Saturdays at 11:00 a.m. in ti': -n ,:r persisted and the Mother did not believe it was in the Child's best interest to continue the excP;aue at the grandparents' home. ` 4. The parties agreed to entry of an Order in the form as attached. ?h1L?eou?l,vr !l? ,?rJCt1. /JC!?,c ??I?. _ Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit 5 NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6455 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER CF COORT AMID NOW, this q -' day of . Q , 2000, upon consideration of the attached Custody Conc?iliation Report, it is ordered and directed as follows: 1. The Mother, Nicole A. O'Brien, and the Father, Patrick M. O'Brien, shall have shared legal custody of Patrick Nicholas O'Brien, born February 23, 1999. 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 schedule: A. The Father shall have custody of the Child every weekend from Saturday at 2:00 p.m. through the following Tuesday at 9:00 a.m., beginning April 1, 2000. In addition, the Father shall have custody of the Child every Thursday from 4:30 p.m. until B:30 p.m., beginning April 20, 2000. B. The Mother shall have custody of the Child at all tiazs not otherwise specified for the Father under this provision. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon 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 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. B. THANKSGIVING: The mother shall have custody of the Child on Thanksgiving Day in even numbered years from 9:00 a.m. until 8:30 p.m. and the Father shall have custody of the Child on Thanksgiving Day in odd numbered years from 9:00 a.m. until 8:30 p.m. During the week preceding Thanksgiving Day in even numbered years when the Mother has custody of the Child on Thanksgiving, the Father shall retain custody of the Child after his regular weekend period of custody through Wednesday morning at 9:00 a.m. C. FRS M: in even numbered years, the Father shall have custody of the Child on Easter from 9:00 a.m. until 8:30 p.m. and in odd numbered years, the Mother shall have custody of the Child on Faster from 9:00 a.m. until 8:30 p.m. D. NEW YEARS DAY: In odd numbered years, the Father shall have custody of the Child on New Years Day from 9:00 a.m. until 8:30 p.m. and the Mother shall have custody of the Child on New Years Day in even numbered years from 9:00 a.m. until 8:30 p.m. E. MEMCRIAL Dgy/INDEPENDOR E DAY (observed)/LABCR DAY: In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on Independence Day. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on Independence Day. The periods of custody on the foregoing holidays shall run from 9:00 a.m. until 8:30 p.m. F. MOTEERIS DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 8:30 p.m. G. CHILD'S BIRrHDA`': The non-custodial parent shall have custody of the Child on his birthday from 4:30 p.m. until 8:30 p.m. H. PARPNIS' BIIYlFXAYS: Each parent shall be entitled to have custody of the child on that parent's birthday each year from 4:30 p.m. until 8:30 p.m. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have a period of uninterrupted custody with the Child for one full week during each calendar year upon providing 60 days 'advance notice to the other party. The party providing notice first of his or her selection of dates under this provision shall be entitled to preference on selection of vacation days. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child and neither party shall use illegal drugs. 7. 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, 1S/__1.1._ Gl1t/i.. g,, cc: Austin F. Grogan, Esquire - Counsel for Mother Bridget M. Whitley, Esquire - Counsel for rather. /4 1 '4,x:11 aidj0 Ni .. ,'1 :: n. rrss y_.2 day ' of _, a&Lry Prothonotary NICOLE A. O'BRIEN, Plaintiff VS. PATRICK M. O'BRIEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCLWY, PENNSYLVANIA NO. 99-6455 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTIODY CONCILIATION SUMMARY REPCRT IN Accaw NCS WTYH CfmmE RLAND Cow= Rmz OF CIVIL PROOEDORE 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 Patrick Nicholas O'Brien February 23, 1999 Mother 2. A Conciliation Conference was held on March 29, 2000, with the following individuals in attendance: The Mother, Nicole A. O'Brien, with her counsel, Austin F. Grogan, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Bridget M. Whitley, Esquire. 3. The parties agreed to entry of an order in the form as attached. f / cCt.tC& ,30 0 0 Date Dawn S. Sunday, Esquirer/ Custody Conciliator 717+233+6852 an. i. 2006 3 4PV THERESA BARRETT MALE, ESQ. Nc.0007 P. 7 VEROCAT?ON I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. § 4904, relating to unsworn falsification to authorities. PJJ Patrick M. O'Brien Date: January 2006 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Elizabeth S. Beckley, Esquire Beckley & Madden P. 0. Box 11998 212 North Third Street Harrisburg, PA 17108-1998 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 25, 2006 ? ? 'a i S\' ,. .. ? ? ._.. +.. J ? -1 W ?? ? 1 V= U _ - .-` ?\t r rry NICOLE A. HURST IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-6455 CIVIL ACTION LAW PATRICK M. OBRIEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, February 01, 2006 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 Tuesday, February 28, 2006 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: lsl Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 nil it ITV /T' Tv Av '7071) SS .3 HHd, ! ° C133 9002 '7C; 1 r J'A1-? aHi aO 10iaA:IT 111 i? 0 Et =iVED MAR 0 9 h-", ? NICOLE A. HURST Plaintiff vs. PATRICK M. O'BRIEN Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6455 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 Patrick N. O'Brien February 23, 1999 Mother 2. A custody conciliation conference was held on February 28, 2006, with the following individuals in attendance: The Mother, Nicole A. Hurst, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Patrick M. O'Brien, with his counsel, Theresa Barrett Male, Esquire. 3. This Court previously entered Orders in this matter on December 2, 2002 and April 9, 2005, under which the Mother has primary physical custody of the Child and the Father has partial custody on two out of three weekends from Friday through Tuesday and during the interim weeks from Monday through Tuesday. Due to concerns regarding the Child's school performance, the Father filed this Petition for Modification seeking primary custody during the school year. During discussions at the conference, it was determined that the parties had had a joint meeting with various teachers and other school personnel concerning the Child and a Pinnacle Health evaluation concluded that the Child has attention deficit hyperactive disorder. 4. The parties agreed that prior to an additional conciliation conference: (1) The parties will obtain a written summary or report from the Child's teacher or other school official reflecting discussions at the school meeting held in November or December 2005, (2) The Mother will obtain a report from the Pinnacle Health physician or psychologist who evaluated the Child for ADHD and, J (3) The parties will exchange information concerning the Child's schedule in each household in an effort to promote as much consistency as possible. It was agreed that an additional conciliation conference would be held at the request of counsel after the parties had an opportunity to discuss the written observations/recommendations from the school personnel. 5. No further Order is necessary at this time. Date Dawn S. Sunday, Esquire Custody Conciliator cc: zabeth S. Beckley, Esquire - Counsel for Mother Theresa Barrett Male, Esquire - Counsel for Father o?