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HomeMy WebLinkAbout01-0396 FXTABITHA McGRATH, :THE COURT OF COMMON PLEAS OF Plairctiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-396 ROBERT F. McGRATH; :CIVIL ACTION - AT LAW Defendants :CUSTODY AMERICANS WITH DLSABILI'TIES 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: Date: J. ..! ~ ~ , w TABITHA McGRATH, Plaintiff vs. ROBERT F. McGRATH, Defendants AND NOW, this THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-396 CIVIL ACTION - AT LAW CUSTODY day of 2002, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appeaz before conciliator, at on the day of 2002, at _ o'clock .m., for aPre-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 appeaz at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY: Custody Conciliator ~~r, TABITHA McGRATH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. ~ I ", .~ 9~ ~u ~ `~Cn ,,,. CIVIL ACTION -LAW _"~ 1 ROBERT F. McGRATH, IN CUSTODY Defendant. ORDER AND NOW, this day of 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ,the Conciliator, at on ,the day of , at o'clock m., for aPre-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, By Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 TABITHA McGRATH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW ROBERT F. McGRATH, Defendant. IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Tabitha McGrath, by and through her attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint for Custody: 1. The Plaintiff, Tabitha McCrrath, is an adult individual currently residing at R.D. #2, Box 596, New Bloomfield, Perry County, Pennsylvania. 2. The Defendant, Robert F. McGrath, is an adult individual currently residing at 1431 Timberbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties were married September 26, 1998, and separated in May of 2000. 4. The parties are the natural parents of one child, Molly McGrath, born July 29, 1998. 5. The child was born out of wedlock. 6. The Plaintiff herein is the natural mother of the aforementioned child, and the Defendant is the natural father of the child. 7. Since the birth of the child until May of 2000, the child had resided with the Plaintiff and the Defendant at 1431 Timberbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 8. Since separation in May of 2000, the child has resided with the Defendant at the address contained in paragraph 1 above, and has also had periods of partial custody with the Plaintiff herein at the address contained in paragraph 2 above, which is also the address of the maternal grandparents. 9. No party is in the military and neither party has filed an action for custody or custodial rights of the child. 10. Plaintiff knows of no other person not a party to this action who could assert a right of custody of the child. -2- 11. Plaintiff believes and therefore avers that it is in the best interest of the child to grant joint legal custody in both Plaintiff and Defendant, with primary physical custody of the child in the Plaintiff herein as she is able to take care of the day to day needs of the child and provide the appropriate environment to raise the child. WHEREFORE, Plaintiff prays this Court to grant her Complaint for Custody and provide for partial custody in the Defendant herein. Respectfully submitted, Mancke, Wagner, Hershey & Tully By fd Wagner, Esquire 103 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 Attorneys for Plaintiff Date: ~' -3- 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 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~ ~~s~_ DATE : ~c-a7"DU ~`,~ TABITHA MCGRATH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT F. MCGRATH DEFENDANT 01-396 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, this 26th day of January , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliat at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 5th day of March , 2001, at 11:00 a.m. for aPre-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, By: /s/ Melissa P. Greev~, Es\ Custody Conciliato~~- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ i~ ~~. i tn~~r~~~si~N1~ "c5~114~~ 6Z~~;;6' (~ ~7i~~!C~-t]:~~ I!~ ~ MAR ~ 8 20011" TABITHA McGRATH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-396 ROBERT S. McGRATH, CIVIL ACTION -LAW Defendant : CUSTODY ORDER OF COURT HESS, J., MARCH _, 2001:- /AND NOW, this Z~'` day of March, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Tabitha McGrath and Robert S. McGrath, shall have shared legal custody ofi the minor Child, Molly McGrath, born July 29, 1998. Each parent shall have an equal 'right, to be exercised jointly with the other parent, to make all major non- emergencydecisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Mother's name shall be included on the list of persons approved to pick up the minor Child from daycare and school. 2. Physical Custody. A. Mother shall have physical custody on Tuesdays from 2:30 p.m. until 7:00 p.m., and on Thursdays from 7:00 a.m. until 7:00 p.m. It shall have permissible for the minor Child to be in the care of her maternal grandmother on Thursdays until Mother is off of work. B. On the weekends of March 9, 2001, and March 24, 2001, Mother shall have physical custody from Friday after work until 7:00 p.m. Saturday. C. During the month of April 2001, Mother shall have physical custody from Friday after work until Saturday at 7:00 p.m., each week, in addition to the custodial periods provided under Paragraph 2 A above. 3. Transportation. Mother shall provide transportation for periods of partial custody on Tuesdays, Thursdays and Fridays. On Saturdays, Father shall provide transportation. y J t~ ~~yr7,~.s~r~?~~filn~ ~~ ~n_.* ~ ~ a'Z3 t ~ ~, G ,,,'~4~ 1 ~ ~lN'4!Oi~ ~ ~.~~~ie '; {.G ,~:'S'~-C~~li~i ~, No. 01-396 4. In the event that either party is unavailable to provide care for the Child during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Child, before contacting third-party caregivers. However, this shall not apply to Mother's custodial period on each Thursday. 5. The parties and their respective counsel shall appear before Melissa Peel Greevy, Esquire, the Custody Conciliator, for an additional Custody Conference at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011, on April 23, 2001, at 9:15 a.m. At that time a present Order will be reviewed, and Mother's request for additional custodial time will be addressed. BY THE COURT, Kevin .Hess, J. Dist: P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Timothy J. O'Connell, Esquire, 258 North Street, Harrisburg, PA 17101 ~J.~'" n ~'~ , " r 03,0'~~g TABITHA McGRATH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-396 ROBERT S. McGRATH, CIVIL ACTION -LAW Defendant 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 Molly McGrath July 29, 1998 Father 2. A Custody Conciliation Conference was held on March 6, 2001, with the following individuals in attendance: the Mother, Tabitha McGrath, and her counsel, P. Richard Wagner, Esquire; the Father, Robert S. McGrath, and his counsel, Timothy J. O'Connell, Esquire. 3. The parties reached an agreement in the form of an Order as attached, with the exception of one issue. 4. The issue in dispute was whether, with increasing custodial time for Mother, Molly should continue to spend each Thursday morning in the care of her maternal grandmother and grandfather, where she presently has been for a number of months. During these visits Molly also has the opportunity to play with her cousins. Were Molly not in the care of her maternal grandmother during this period of time she would be in the daycare center which she presently attends on other days. 5. The parties, having reached an agreement on a majority of the issues with regard to Molly's care and custody, were advised that the Conciliator would make a recommended Order following consultation with the Court. ~~ b ~~~ Date Melissa Peel Greev~ Custody Conciliator a r' TABITHA McGRATH, vs. ROBERT F. McGRATH, Hess, J., , 2001 ORDER OF COURT AND NOW, this z "~ day of m , 2001, upon consideration of the attached Custody Conciliation Summary Repor , it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Tabitha McGrath and Robert F. McGrath, shall have shared legal custody of the minor Child, Molly McGrath, born July 29, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decislions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and informatioh of reasonable use to the other parent. Mother's name shall be included on the list of persons approved to pick the minor Child up from daycare and/or school. 2. Physical Custody. A. To commence May 1, 2001, on alternating weeks, Mother shall have physical custody from Noon Tuesday until 9:00 a.m. Thursday. B. To commence May 8, 2001, Mother shall have custody on alternating weeks from Noon Tuesday until Wednesday morning, when she shall return the Child to daycare. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-396 CIVIL ACTION -LAW Defendant CUSTODY C. To commence May 10, 2001, Mother shall have physical custody from Thursday evenings at 6:00 p.m. until Sunday morning at 10:30 a.m. on alternating weeks. .~ , , e ~' bIN~'i~lJ~S~tiiN~d u~~nn~, nr,;,,-~;~u~^~n~ ,.,.,,. No. 01-396 3. Memorial Day Holiday. Mother shall have physical custody for the Memorial Day holiday 2001. Prior to returning to the Custody Conciliation Conference for afollow-up Conference date, the parties shall share proposals to be discussed with regard to the future sharing of holiday times and vacation times. 4. In the event that either party is unavailable to provide care for the Child during his of her period of custody, that party shall first make a reasonable effort to contact the other parent to offer the parent the opportunity to provide care for the Child before contacting third-party caregivers. 5. The parties and their respective counsel shall appear before Melissa Peel Greevy, Esquire, the Custody Conciliator, for an additional Custody Conference at 215 Senate Avenue, Suite 105, Camp Hill, PA 17011, on Monday, June 25, 2001, at 9:15 a.m. At that time the present Order will be reviewed and the parties should be prepared to discuss appropriate changes to the present custodial arrangement, holidays and vacation times. BY THE COURT, Kevi_= Dist: P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 ~3 py.o b~ TABITHA McGRATH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT F. McGRATH, Defendant CIVIL ACTION -LAW 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: 1~ AME DATE OF BIRTH CURRENTLY IN CUSTODY OF Molly McGrath July 29, 1998 Father 2. A second Custody Conciliation Conference was held on April 23, 2001, with the following individuals in attendance: the Mother, Tabitha McGrath, and her counsel, William T. Tully, Esquire; the Father, Robert F. McGrath, and his counsel, Donald T. Kissinger, Esquire. 3. The parties reached an agreement in the form of an Order as attached and will return for afollow-up Conciliation Conference on Monday, June 25, 2001, at 9:15 a.m. '7/02..`/ ~~ / Date NO. 01-396 ~ f Melissa Peel Greevy, Esquire Custody Conciliator TABITHA McGRATH, vs. ROBERT F. McGRATH, JUL 3 0 20~ IN THE COURT OF COMMON PL~EAI`'S'OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-396 CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT Hess. J. - AND NOW, this 3~ ~ day of ~ , 2001, upon consideration of the attached Custody Conciliation Summary eport, it is hereby ordered and directed as follows: 1. Previous Order of this Court dated oc~ , 2001, shall remain in full force and effect with the following additions: A. Each party shall be entitled to one week of uninterrupted vacation each summer. B. Father shall have custody for Labor Day. C. The parties shall attend co-parenting counseling with the goal of improving their communication and ability to work cooperatively in the Child's best interests. To the extent that these counseling services are unreimbursed by health insurances, the parties shall bear the cost of such counseling equally. 2. The Custody Conciliation Conference shall reconvene at the office of the Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Camp Hill, Pennsylva 'a, on Monday, October 22, 2001, at 9:15 a.m. BY THE COURT, "~ 31,01 Dist: P. Richard Wagner, Esquire, 2233 N. Front Street, Harr~rsbur Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, [.') _ L '- ;~ t ..~ '-- ~; ~~ h TABITHA McGRATH, vs. ROBERT F. McGRATH, Plaintiff Defendant ,fl1L 3 ~ 2gQ_^ n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-396 CIVIL ACTION -LAW 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 Molly McGrath July 29, 1998 Father 2. The parties' third Custody Conciliation Conference was held on July 16, 2001, with the following individuals in attendance: the Mother, Tabitha McGrath, and her counsel, P. Richard Wagner, Esquire; the Father, Robert F. McGrath, and his counsel, Donald T. Kissinger, Esquire. 3. The parties reached an agreement in the form of an Order as attached. The parties further agreed to remove the issue of support in this matter. (~ Date Me i Peel Greev~ Custody Conciliator gCT 3 0 2001 ~~ TABITHA McGRATH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-396 ROBERT F. McGRATH, CIVIL ACTION -LAW Defendant CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 19`h day of October, 2001, the Conciliator, having been informed by counsel for both parties that the parties have reached an agreement, hereby relinquishes jurisdiction of the matter. The Custody Conciliation Conference scheduled for October 22, 2001, at 9:15 a.m., is canceled. FOR THE M lissa Peel Greevy, Esquire Custody Conciliator y JCS _ ,-~ _ -- ` rr; - _ ~ 2-~ ' ~~~: ~ .,~. - u' _ ~, ~- ~ ~- , 7 r ; r• ~ ~ .. , =- t, ~ j` ~ (5~ TABITHA McGRATH, Plaintiff vs. ROBERT F. McGRATH, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-396 C1VII, ACTION - AT LAW CUSTODY AND NOW, the Plaintiff, Tabitha McGrath, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. An Order of Court was entered by the Honorable Kevin A. Hess on May 2, 2001 (See Exhibit A-Order). 2. The current schedule does not optimize the parties' schedules such that the child can spend as much time with each parent as possible in light of the parties' schedules. WHEREFORE, Plaintiff respectfiilly requests this Honorable Court to re-evaluate the parties' schedules and prepare a custody order which maximizes both parties' time with the child in light of their schedules. Dated:. Z Q Respectfully submitted, J ~e B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 TABI'I'FIA McGRATH, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-396 ROBERT F. McGRATH, :CIVIL ACTION - AT LAW Defendants :CUSTODY I, Tabitha McGrath, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: (~ Signature: Ta itha Mc ath TABITHA McGRATH, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-396 ROBERT F. McGRATH, :CIVIL ACTION - AT LAW Defendants :CUSTODY I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the persons, and in the maamer, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Donald T. Kissinger, Esquire 130 Walnut Street Harrisburg, PA 17101 BY: JeannB B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF DATED: Z7 (~°2 1400 N. Second Street Harrisburg, PA 17102 (717)221-0900 Supreme Ct. ID No. 68735 ~ 'v _ f f`~ )...` ~a i ._ _ _~. /mot ,~ i'I ~~'~.I TABITHA McGRATH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 01-396 ROBERT F. McGRATH, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT Hess, J:, , 2001 f~l ~ AND NOW, this -~-day of .~ ' ~' q~~` , 'L001, upon consideration of the attached Custody Conciliation Summary Repo' it is hereby ordered and directed as follows: 1. Legal Custody[. The parties, Tabitha McGrath and Robert F. McGrath, shall have shared legal custody of the minor Child, Molly McGrath, born July 29, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergencydecisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence addres_ of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Mother's name shall be included on the list of persons approved to pick the minor Child up from daycare and/or school. 2. Physical Custody. A. To commence May 1, 2001, on alternating weeks, Mother shall have physical custody from Noon Tuesday until 9:00 a.m. Thursday. B. To commence May 8, 2001, Mother shall have custody on alternating weeks from Noon Tuesday until Wednesday morning, when she shall return the Child to daycare. C. To commence May 10, 2001, Mother shall have physical custody from Thursday evenings at 6:00 p.m. until Sunday morning at 10:30 a.m. on alternating weeks. No. 01-396 3. Memorial Day Holiday. Mother shall have physical custody for the Memorial Day holiday 2001. Prior to returning to the Custody Conciliation Canference for afollow-up Conference date, the parties shall share proposals to be discussed with regard to the future sharing of holiday times and vacation times. 4. In the event that either party is unavailable to provide care for the Child during his or her period of custody, that party shall first make a reasonable effort to contact the other parent to offer the parent the opportunity to provide care for the Child before contacting third-party caregivers. 5. The parties and their respective counsel shall appear before Melissa Peel Greevy, Esquire, the Custody Conciliator, for an additional Custody Conference at 215 Senate Rvenue, Suite 105, Camp Hill, PA 17011, on Monday, June 25, 2001, at 9:15 a.m. At that time the present Order will be reviewed and the parties should be prepared to discuss appropriate changes to the present custodial arrangement, holidays and vacation times. BY THE COURT, ' ~ i , /'S-J~~f ~ ~,, Kevin Af: Hess, J. Dist: P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 $11 __T{Psri~l0il~% W41L'i rV~r 1119r"' li!1'^ ~c` fT1'~,t~:9iY•+' ~311FJ ji1? ~ivv') fl{ Stir{~ (.G4r~l{'~f i1ltu~'~~'S/i ~l?~, F'% F'fl~~~l~~~~-.~.. y'C~1~`S .....Y..+L~trt~'r ~r~~v:~~~ .. .'.r. f~1(; 441,/) ~ ;~'~L~YY.I~!~.~(~`1~ ~•d~...L~w'~ ;~ Pio;Irz~rr:aatV (' ""'' 4v.x _zain~sw.fltl[~Gwt~~xr4r%~w xoA1 w~,vs:'esn.~.a wsm: -. -- ~ i o~ N N I Q W Q\\~)/ ~ /\ V 1,~/~l 1'I C7 'O [~: mr,= ~.; :r r ~~ . G CJ 5' C f~ N TI fT3 ra <.i T T ^-i ".9T -~i CJ -~ c~ .T.. =J~'' ~~ 'C •.~ TABITHA MCGRATH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COL1N'I'Y, PENNSYLVANIA V. • 01-396 CIVIL ACTION LAW ROBERTF.MCGRATH DEFENDANT IN CUSTODY AND NOW, Thursday, March 07, 2002 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, AprO 08, 2002 at 11:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy Esg~ Custody Conciliator ~1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 . NYJ~ sa xui._3~=-rvti~!!~'%v~xde~<m~;u'i:s~~: a ~.mxrv:rr..;z~riatiise%a' l~9usaa~a~"a:-• X .....`_eMt~SR , a ~y, ~, ,r~!l4yf~7~SN1~~ ~v ^l~!;~i+. d L";! ~ 4 ` •j ~ 33 J~~~U C 4'i.',1~ .; ~~i{ * 1 APB ~ ~ 2ooz ~ TABITHA MCGRATH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-396 CIVIL TERM v. ROBERT F. MCGRATH Defendant ORDER OF COURT CIVIL ACTION -LAW IN CUSTODY AND NOW, this ZS-~ day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of May 2, 2001, shall remain in full force and effect with the following additions: 1. Custody Evaluation. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Arnold T. Shienvold, Ph.D. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The parties shall share the costs equally. 2. Following the completinn of the evaluation, the Custody Conciliation Conference shall reconvene at the office of the Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania 17043 on July 8, 2002, at 12:30 p.m. The custody evaluation will be completed by the date of the Conciliation Conference so that the parties are prepared to discuss the recommendations of the potential resolution of the Petition for Modification. 3. Father shall have custody for Memorial Day 2002. Mother shall have custody for Independence Day 2002. The period of custody for these holidays shall be from 9 a.m. to 9 p.m. BY THE COURT in A. Hess, J. ,~y~~~ Dist: ~leanne B. Costopoulus, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 C - ' / R~s Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 ~ oy.~ ~ ~, ~' TABITHA MCGRATH, Plaintiff v. ROBERT F. MCGRATH Defendant APR 1 9 200? ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-396 CIVIL TERM 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 THE CUSTODY OF Molly McGrath July 28, 1998 Father 2. A Custody Conciliation Conference was held on April 8, 2002 pursuant to Mother's Petition to Modify the May 2, 2001 Order. Mother's Petition was filed on March 2, 2002. Attending the conference were the Mother, Tabitha McGrath, and her counsel, Jeanne B. Costopoulus, Esquire; the Father, Robert F. McGrath, and his counsel, Donald T Kissinger, Esquire. 3. The parties reached an agreement in the form of an Order as attached. y ~ s ~ /~ Date- Melissa Peel Greevy, squire Custody Conciliator OCT ~ 5 2002 TABITHA MCGRATH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0. 01-396 CIVIL TERM v. CIVIL ACTION -LAW ROBERT F. MCGRATH IN CUSTODY Defendant ORDER OF COURT AND NOW, this 215 day of October, 2002, having been informed by counsel that the custody evaluation has not been completed, the Custody Conciliation Conference scheduled for this date is continued generally for a period of thirty (30) days. In the event that the parties are able to complete the evaluation and a report is available on or before November 22, 2002, the Custody Conciliation Conference may be reconvened upon a letter request from counsel. However, in the absence of the independent custody evaluation being completed by November 22, 2002, the Conciliator will relinquish jurisdiction of the matter. It is noted that this Order may be construed as having granted an extension for good cause under Rule 1915.4(b). However, said extension, by rule, may not exceed 60 days beyond the 180 day limit. FOR Ibl"elissa Peel Greevy, Custody Conciliator Dist: Jeanne B. Costopoulus, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 n`,,. :1 ~a4334 hh~~R V !(~.Q / r"te" ^ l~' ~o~Z`d~DZ c? ~=~ .> z..:, t ~.: ~~ ~ ~ ~, ~` ~, c~ < ,- , 4`, -• c> I~-; ~ .~ ~_~ ~~ -~ ®E~g 2.D02 TABITHA MCGRATH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-396 CIVIL TERM v. ROBERT F. MCGRATH Defendant CIVIL ACTION -LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 5~h day of December, 2002, the Conciliator having granted a thirty (30) day continuance on Ocfober 21, 2002 to allow the Petitioner to complete the remaining part of the Custody Evaluation, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR THE BY~~Sj~T~-~ ~~ '~Ilelissa Peel Greevy, Esquire Custody Conciliator :165853 '"~1'!R~%~'S6'ixAaPC4v1¢Iesdnw Jituti'BRN~"aJaFCCS'S3AF~+t r ~'.. ._ •"a•BCi4LY ~F zsvzl ~v~ ;--z C7 -- ~..'4. T, i~. ~ --. +ul -;~ ~~ + ~ ~ _ y ~~ 1 T ` ~ a ^~-. ` -Z ~ ~ ~ ~~ :~ ~,~. AP12003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, ) 3Q~ Plaintiff ) NO. OI-3J.9t~CIVIL TERM v. ) ROBERT F. MCGRATH, ) CIVIL ACTION -LAW Defendant ) CUSTODY/VISITATION ORDER OF COURT AND NOW, this 23'~ day of /3,n„~ , 2003, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. BY THE COURT: ~~ J. ~S ,N ~~Y k~ ~ ~ .*~ ,-~s,.ra~ ,~ „ _..~, ,, d=i c~rLn..~~~-,~`tiMI~HFlYMf~llf '<°us _ ~a~. ,.naf~aS~ Fi7 lii. ~l `tn \, w ,r~n ';'~1 ~ r {:~,, ~,!i1.,. ,'. Jri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, ) Plaintiff ) v. ) ROBERT F. MCGRATH, ) Defendant ) 3q~ NO. 01-3~CrCIVIL TERM CIVIL ACTION -LAW CUSTODY/VISITATION STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is entered into this f y day of ~' , 2003, by and between Robert F. McGrath (hereinafter referred to as "Father") and Tabitha McGrath (hereinafter referred to as "Mother"). WITNE55ETH: WHEREAS, the parties hereto are husband and wife, having married on September 26, 1998, but who have lived separate and apart since about May 1, 2000. WHEREAS, the parties are the biological parents of one child, namely Molly McGrath, born July 29, 1998. WHEREAS, on January 19, 2001, Mother initiated a custody action docketed at the above action number in the Court of Common Pleas of Cumberland County, which resulted in the entry of a temporary order dated May 2, 2001; WHEREAS, on February 27, 2002, Mother filed a petition to modify the temporary custody order, in which she sought the establishment of a more permanent custody schedule; WHEREAS, the parties hereto are desirous of settling the issue of legal and physical custody of their child without the necessity of further court intervention; ~~~~~ ~~:..; NOW, THEREFORE, in consideration of these premises, and of the mutual promises coveted in and undertaking the hereinafter set forth, Mother and Father, each intending to be legally bound hereby agrees as follows: 1. Leal Custody. Father and Mother shall share legal custody of their child. Legal custody is defined as the right to make major decisions affecting the best interest of the child, including, but not limited to, decisions regarding medical treatment and health care, religion, morals, education and standards of conduct. Mother and Father shall discuss and consult with one another on these decisions with a view toward adopting a harmonious policy calculated to promote the child's best interest. Mother and Father shall have the right to be kept informed of the child's educational, social, moral and medical development. Each parent should be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and have copies of any reports, notices or other communication given to a parent. Each parent shall notify the other of any matter relating to the child which would reasonably be expected to be of significant concern to other. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent then having physical custody of the child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2. Physical Custody. The parties agree that Father shall remain the primary physical custodian of the child. Mother shall be entitled to partial physical custody of the child in accordance with the following bi-weekly schedule: (a) Week One -from Tuesday after school until Wednesday at 6:30 p.m.; (b) Week Two -from Tuesday after school until Wednesday at the start of school (or 9:00 a.m. in not a school day), and again from Thursday at 6:00 p.m. until Sunday at 10:30 a.m.; (c) At any other times and on any other dates as the parties may reasonably agree. 3. olida s. Unless the parties agree otherwise, custody for holidays shall commence at 9:00 a.m. the day of the holiday and conclude at 9:00 p.m. the day of the holiday (unless a school night, when the holiday shall conclude at 6:30 p.m.). The parties agree that holidays shall be divided between the parties as follows and shall take precedence over the regular schedule: (1) Mother shall have custody of the child each yeaz on the following holidays: (i) Valentine's Day; (ii) Child's birthday; (iii) Halloween; (iv) Thanksgiving; (v) Christmas Eve; (vi) New Year's Eve. (2) Father shall have custody of the child each year on the following holidays: (i) Easter; (ii) Memorial Day; (iii) July 4`"; (iv) Labor Day; (v) Christmas Day. 4. Summer Vacation. Each party shall be entitled to uninterrupted custody of the child for one seven (7) day consecutive period during the child's summer school vacation upon thirty (30) days advance written notice to the other party. The parties agree that any and all periods of custody as provided by the general custody schedule missed by one party because of the other party's scheduled vacation shall be made up as soon as possible either immediately prior to or after the vacation. 5. Child's Activities. The parties shall ensure that the child participates in all regular scheduled activities during their periods of custody. If the designated time for pickup or return of the child occurs during a scheduled activity, then pickup or return shall occur at the activity. 6. Disparaging Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other directly to the child or in the presence of the child. Telephone/Address. Each party shall keep the other apprised ofhis/her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody and control of the other party. 8. Notification. If either parentis going to be away with the child overnight for three (3) consecutive overnights or longer, that parent shall provide notice to the other as to the location of the child and a number where they can reached. Notice shall be given in advance of the travel. 9. Transportation. The parties agree that, for, periods of partial physical custody, Mother shall pickup the child from Father's residence and return the child thereto upon the completion of her period of partial physical custody, except for these days that Mother's period of partial physical custody ends on Wednesday mornings during the school year, when Mother shall drop the child off at school. 10. Withdrawal of Support Action. Father agrees to withdraw without prejudice the existing action for child support against Mother, and Father fixrther agrees to waive all arrears existing at the time the claim is withdrawn, upon receipt of two (2) current support payments from Mother following execution of this stipulation. 11. Entry of Court Order. The parties agree that the terms and provisions of this stipulation shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereto set their hand and seals in the day and date first written above. THE "S r T ITI-IA M GRATH OBERT F. GRATH COMMONWEALTH OF PENNSYLVANIA COUNTY OF l ~ i ~ BEFORE ME, the undersigned authority, on this day personally appeared TABITHA MCGRATH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ l ~~' day of flV , ~ , 2003. ~~ Notary Public m End for Commonwealth of Pennsylvania Typed or printed name of Notary: I~~n ~- ~ ~ ~~ ~S2-~~ My commission expires: ---"'"""NDTARIAI. SEAL DHARRISBURG, DAUPHIN UNtt~ MY COMMISSION EXPIRES FEB. 6 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1J~~J ~ ~~1~ BEFORE ME, the undersigned authority, on this day personally appeared ROBERT F. MCGRATH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I `i ~ day of ~V,~ ~ , 2003. t~JL~ vim, ~ ~ i,~~iotiv~ Notary Public in and or Commonwealth of Pennsylvania Typed or printed name of Notary: ~~~~ ~~~~c--~ My commission ex fires: NOTARIAL SEAL DONNA 1, KNISELI~ ROTARY PUBLIC HARRISBURG, DAUPHIN CDUNIY MY COMMISSION IXPIRES FEB. 16 2004 wL r: 44' _ i?. rY ~..~ ~~i C l., r : :.,~ : =, ._ .-~ -; , _ -- , -:~ 2" ~~ __ E -. ~D -c I ~. TABITHA MCGRATH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT F.MCGRATH DEFENDANT • 01-396 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 22, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, August 04, 2006 at 2:30 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s/ Melissa P. Greer>~Esc~ 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 170]3 Telephone (717)249-3166 ~~ ~ ~~~- t r 7~ ~ ; ~~ ~,i';i~' ,. ~ , ,,. -, ; ''; .-- ..__- a ~ -aa -06 ~~o, ~ ~- ~_ _ r .:. L/%c JUN t e 1006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUl!NTY, PENI\ TABITHA MCGRATH, ) ©~- 3ll p Plaintiff ) NO. 9~-3)•9Fi-CIVII, TERM v. ) ROBERT F. MCGRATH, ) CIVIL ACTION -LAW Defendant ) CUSTODY/VISITATION ORDER OF COURT AND NOW, this _ day of 2006, upon consideration of Defendant's Petition for Special Relief and for Modification of Existing Custody Order, it is hereby ORDERED and DECREED that: I. Respondent Tabitha McGrath's periods of custody with Molly McGrath shall be supervised and limited to three (3) hours in duration pending conduct of an expedited conciliation conference and subsequent order of court; and 2. Respondent Tabitha McGrath shall immediately submit to a full medical screening in order to certify her ability to stand as an unsupervised custodian at this time. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, ) Plaintiff ) v. ) ROBERT F. MCGRATH, ) Defendant ) NO. CIVIL TERM CIVIL ACTION -LAW CUSTODY/VISITATION ORDER OF COURT You, Tabitha McGrath, Plaintiff, have been sued in court to obtain custody, of Molly McGrath: You are ordered to appear in person at , on , at .m. for ^ a conciliation or mediation conference. ^ a pretrial conference. ^ a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation maybe entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 Lawyer Referral 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required bylaw 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. Donald T. Kissinger, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Robert F. McGrath IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, Plaintiff v. ROBERT F. MCGRATH, Defendant 6--34f~ NO. Oi~i~ CIVIL TERM CIVIL ACTION -LAW CUSTODY/VISITATION AND NOW, comes Defendant/Petitioner Robert F. McGrath, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who hereby files the instant Petition for Special Relief and for Modification of Existing Custody Order and in support thereof avers as follows: Petitioner is Robert F. McGrath (hereinafter referred to as "Father"), Defendant in the above-captioned custody action. 2. Respondent is Tabitha McGrath (hereinafter referred to as "Mother"), Plaintiff in the above-captioned custody action. 3. The parties, formerly husband and wife, are the biological parents of Molly McGrath, bom July 29, 1998 (hereinafter referred to as "Child"). 4. From and after the separation of the parties in May 2000, Father has enjoyed primary physical custody of child subject to periods of partial custody in Mother. .. 5. The existing order dated Apri123, 2003, entered as a result of Stipulation for Entry of Agreed Upon Custody Order dated April 14, 2003, is attached hereto as Exhibit "A" and is incorporated herein by reference. Said Order provides, inter alia, for weeknight overnights with Mother every Tuesday and alternating weekends from Thursday at 6:00 p.m. through Sunday at 10:30 a.m. 6. Mother has had long standing issues with anorexia/bulimiadatfng from prior to the marriage and her eating disorder problems continue to exist today. While Mother refuses to provide Father with any specific information surrounding her current medical status, the following incidents have occuned: (a) In March 2006, during the course of a custodial visit, Mother collapsed at a grocery store and the Child was forced to frantically solicit help from the grocery store manager who called an ambulance and the Child then traveled to the hospital with Mother in the ambulance; (b) On or about May 6, 2006, the Child awoke and could not find Mother and finally found her in asemi-conscious state on the bathroom floor; (c) After failing to appear without notice for a regular Mother's Day visit on May 14, 2006, Mother explained to Father that she had "fallen asleep" for approximately five (5) days and that she had lost considerable weight due to some unspecified illness and that she had again been hospitalized for the condition; ~~,. (d) On several occasions in recent months, Mother phoned or e-mailed Father from her home and stated that she could not pick up the Child for a visit because she was incapable of driving; and (e) On June 7, 2006, during a custodial visit and while having sole responsibility for supervision of the Child and Mother's twenty-two (22) month old son to another relationship, Mother collapsed on the kitchen floor for an indefinite period extending up to several hours. The Child propped up Mother's head with her book bag and proceeded to care for both Mother and the twenty-two (22) month old child. Mother later asked Father to provide transportation at the end of the visit but made no mention or reference whatsoever to the collapse. The above circumstances create grave concern for Mother's current physical condition and for the safety of the Child during custodial periods. Father and personnel at the Child's school have recently observed Mother's physical appearance and characterize same as gaunt and/or emaciated, and both Father and school personnel have noted Mother's behavior as exhibiting significant apparent confusion in dealings related to the child. 8. Mother currently resides with Robert Kinch, the father of the twenty- wo (22) month old child, from whom Mother separated on or about February 1, 2006 and from whom Mother claimed she had then sought a protection from abuse order. Mother remained separated from Kirsch until on or about May 15, 2006 at which time she moved back into Kirsch's residence. ~ Y I ~ 9. The child was exposed to considerable conflict and verbal and physical abuse of Mother while residing with Kinch through February 1, 2006, and Mother cited the desire to remove the child from the conflict zone as one of the reasons for separation and her decision to seek a PFA order with regard to Kinch. 10. Father and the Child's school personnel witnessed significant negative behavior changes in the Child during December 2005 through January 2006 giving rise to the school's decision to conduct a psychological evaluation through the school's psychologist. 11. Upon Mother's removal of the child from the residence with Kinch, Father and school personnel noted immediate and positive behavioral changes. Immediately after Mother's return to Kinch's residence in mid May, both Father and school personnel noted recurrence of the prior negative behavioral manifestations. 12. During the period of approximately three (3) weeks from the resumption of residence with Kinch through the end of the school year, school personnel noted Mother's poor appearance and apparent confusion regarding pick up and delivery times at the school although Mother had conducted pick up and deliveries on many prior occasions. Further, Mother failed to have the child properly dressed in school uniform on several occasions. Such circumstances caused the school to consider a referral to the Child Protective Services agency. 13. Father believes and therefore avers that Mother should be compelled to undergo an immediate full and comprehensive medical screening to determine the causes behind the frequent recent incidents of lost consciousness that have occurred during custodial visits with the Child. 4 ~ { 1 14. Father and school personnel are concerned that resumption of the cohabitation in Kinch's residence has had a significantly negative impact upon the Child and has caused her significant emotional distress. Father believes and therefore avers that a full and complete psychological evaluation including home studies is required to construct an ongoing partial custody arrangement in the best interest of the Child. 15. Pending completion of Mother's full and comprehensive medical screening, Father believes and therefore avers that Mother's custodial time with the Child should be supervised so as to ensure the safety of the Child. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an order: Requiring that Mother's custodial time with the child be supervised pending a full medical screening of Mother and certification of her ability to stand as an unsupervised custodian; 2. Referring the matter to an expedited conciliation conference; 3. After conciliation conference, requiring the parties to submit to a full custody evaluation including home studies of both households; 4. After such medical evaluation of Mother and custody evaluation, entering a modified custody order in accordance with the best interests of the Child; and ..~ _.__ ~~ . , . , , 5. Granting such other relief as the Court deems necessary and appropriate. Respectfully submitted, Date: ~ / ~ Q~ ~~ Donald T. Kissinger, Esqui Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Robert F. McGrath _ _ .. s . ., t VERIFICATION I, Robert F. McGrath, hereby swear and affirm that the facts contained in the foregoing Petition for Special Relief and for Modification of Existing Custody n,-da,- are true and correct to the best of my knowledge, information and belief and aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 6/15/06 Robert F. McGrath ~ r' -.~. ~~~; z ~ zoo. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, ) Plaintiff ) v. ) ROBERT F. MCGRATH, ) Defendant ) N0. 01-3196 CIVIL TERM CIVIL ACTION -LAW CUSTODY/VISITATION ORDER OF COURT AND NOW, this d~ day of nn..;.~ _, 2003, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order aze incorporated herein and hereby made an Order of Court. BY THE COURT: %s/ y~,,, ~ ~? ,~ J. {tt Tdtmtut~ a~h,~ri~i, 4 hate i4~.lc, w, ~~ h~s~9 as:d iha 1 ~# aK,='d Cr1a;rt at Cara;, Pe. Tt~,- ;tla~ a PrOthon~?.~tr ~ ~ r Ii`1 THE COURT OF COMMON PLEAS OF CUbfBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, Plaintiff v. ROBERT F. MCGRATH, Defendant N0. OI-3196 CIVIL TER,~I CIVIL ACTION -LAW CUSTODY/VISITATION STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is entered into this / Y day of~ 2003, by _: and between Robert F. McGrath (hereinafter referred to as "Father") and Tabitha McGrath (hereinafter refereed to as "Mother"). WITNESSETH: WHEREAS, the parties hereto are husband and wife, having marred on September 26, 1998, but who have lived sepazate and apart since about May 1, 2000. WHEREAS, the parties aze the biological pazents of one child, namely Molly McGrath, born July 29, 1998. WHEREAS, on January 19, 2001, Mother initiated a custody action docketed at the above action number in the Court of Common Pleas of Cumberland County, which resulted in the entry of a temporary order dated May 2, 2001; WHEREAS, on February 27, 2002, Mother filed a petition to modify the temporary custody order, in which she sought the establishment of a more permanent custody schedule; WHEREAS, the parties hereto aze desirous of settling the issue of legal and physical custody of their child without the necessity of further court intervention; NOW, THEREFORE, in consideration of these premises, and of the mutual promises coveted in and undertaking the hereinafter set forth, Mother and Father, each intending to be legally bound hereby agrees as follows: Leal Custodv. Father and Mother shall share legal custody of their child. Legal custody is defined as the right to make ma}or decisions affecting the best interest of the child, including, but not limited to, decisions regarding medical treatment and health care, religion, morals, education and standazds of conduct. Mother and Father shall discuss and consult with one another on these decisions with a view toward adopting a harmonious policy calculated to promote the child's best interest. Mother and Father shall have the right to be kept informed of the child's educational, social, moral and medical development. Each parent should be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and have copies of any reports, notices or other communication given to a parent. Each parent shall notify the other of any matter relating to the child which would reasonably be expected to be of significant concern to other. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent then having physical custody of the child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2. Physical Custody. The parties agree that Father shall remain the primary physical custodian of the child. Mother shall be entitled to partial physical custody of the child in accordance with the following bi-weekly schedule: (a) Week One -from Tuesday after school until Wednesday at 6:30 p.m.; 1 i r (b) Week Trvo -from Tuesday after school until Wednesday at the start of school (or 9:00 a.m. in not a school day), and again from Thursday at 6:00 p.m. until Sunday at 10:30 a.m.; (c) At any other times and on any other dates as the parties may reasonably agree. 3. Holidays. Unless the parties agree otherwise, custody for holidays shall commence at 9:00 a.m. the day of the holiday and conclude at 9:00 p.m. the day of the holiday (unless a school night, when the holiday shall conclude at 6:30 p.m.). The parties agree that holidays shall be divided between the parties as follows and shall take precedence over the regular schedule: (I) Mother shall have custody of the child each year on the following holidays: (i) Valentine's Day; (ii) Child's birthday; (iii) Halloween; (iv) Thanksgiving; (v) Christmas Eve; (vi) New Year's Eve. (2) Father shall have custody of the child each year on the following holidays: (i) Easter; (ii) Memorial Day; (iii) July Q`"; .~'.~~ (iv) Labor Day; (v) Christmas Day. 4. Summer Vacation. Each party shall be entitled to uninterrupted custody of the child for one seven (7) day consecutive period during the child's summer school vacation upon thirty (30) days advance written notice to the other party. The parties agree that any and all periods of custody as provided by the general custody schedule missed by one party because of the other parry's scheduled vacation shall be made up as soon as possible either immediately prior to or a$er the vacation. 5. Child's Activities. The parties shall ensure that the child participates in all regular scheduled activities during their periods of custody. If the decimated time for pickup or return of the child occurs during a scheduled activity, then pickup or return shall occur at the activity. 6. Disparagine Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other directly to the child or in the presence of the child. 7. Teleahone/Address. Each party shall keep the other apprised ofhis/her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody and control of the other party. 8. Notification. If either pazent is going to be away with the child overnight for three (3) consecutive overnights or longer, that parent shall provide notice to the other as to the location of the child and a number where they can reached. Notice shall be given in advance of the travel., 9. TransQortation. The parties agree that, for, periods of partial physical custody, bfother shall pickup the child from Father's residence and return the child thereto upon the completion of her period of partial physical custody, except for these days that Mother's period of partial physical custody ends on Wednesday mornings during the school year, when Mother shall drop the child off at school. 10. Withdrawal of Support Action. Father agrees to withdraw without prejudice the existing action for child support against Mother, and Father further agrees to waive all arrears existing at the time the claim is withdrawn, upon receipt of two (2) current support payments from Mother following execution of this stipulation. 11. Entry of Court Order. The parties agree that the terms and provisions of this stipulation shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereto set their hand and seals in the day and date fust written above. T~ ~J ~~ ROBERT F.~fCGRATH TNES's r T ITHA M 'GRATH COMMONWEALTH OF PENNSYLVANIA COUNTY OF '~ , ,^~ f BEFORE ME, the undersigned authority, on this day personally appeared TABITHA MCGRATH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this i l `~~ day of (a i ~ ~ ~ , 2003. n, Notary Pubh nand of r Commonwealth of Pennsylvania Typed or printed namer/of Notary: My commission expires: NOTARIAL SEAL DHARRI BURG,EDAUPHIN COUNIY NIY C044M1SS10N EXPIRES FEB. 16 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF t ~' ~-~' ~.• ~ ,,, _~ BEFORE ME, the undersigned authority, on this day personally appeared ROBERT F. MCGRATH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that ha executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this. i ~ Y- day of i~':'~ ~ ~ , 2003. N,: i Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ~. ~,~~~ '.l ~I,i ~~~:-~--~ My commission ex fires: NOTARIAL SEAL DONNA 1(WISELY, NOTARY PUBl1C HARRI58URG, DAUPHIN COUNTY MY CDMMISSION EXPIRES fEB. l6 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, ) Plaintiff ) v. ) ROBERT F. MCGRATH, ) Defendant ) NO. 01-3196 CIVIL, TERM CIVIL ACTION -LAW CUSTODY/VISITATION ORDER OF COURT AND NOW, this _ day of , 2006, upon consideration of Defendant's Petition for Special Relief and for Modification of Existing Custody Order, it is hereby ORDERED and DECREED that: Respondent Tabitha McGrath's periods of custody with Molly McGrath shall be supervised and limited to three (3) hours in duration pending conduct of an expedited conciliation conference and subsequent order of court; and 2. Respondent Tabitha McCrrath shall immediately submit to a full medical screening in order to certify her ability to stand as an unsupervised custodian at this time. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TABITHA MCGRATH, Plaintiff ) NO. 01-3196 CIVIL TERM v. ) ROBERT F. MCGRATH, ) CIVIL ACTION -LAW Defendant ) CUSTODY/VISITATION CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Robert F. Mc Grath, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Special Relief and for Modification of Existing Custody Order was served upon Tabitha McGrath, Plaintiff, by depositing same in the United States mail, first class, on June 15, 2006, addressed as follows: Ms. Tabitha McGrath 4216 North Progress Avenue Harrisburg, PA 17110 Date: ~ ~~ D~b ~ ~-"_"-" Donald T. Kissinger, Esq r Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Robert F. McGrath ~;i, -tom C,r T lip ~ .~,r,`r G~~-P; - ~ ~ ~_;:~,fi~ ~~~ ~ o-~ ~• ~! lZ~z~7 ~~ ~~n((.~~cC "i v"~ Co nc. `~w~tOV.~. 4'~ ~ can a s~ ,~ ~ ~~,~(~ ~~~~ ~~ ~~,~ LAW OFFICES OP HOWETT, KLSSINGER, CONLEY & HOLST, P.C. 130 WALNUT STREET POST OPJrICE BOX 810 HAawsEU2c, PHNNSYLVANIA 17108 JOHN C. HOWETT, JR. DONALD T KISSINGER CINDY S. CONLEY DARKEN J. HOLST DEBRA M. SHIMP Legal Assistant June 15, 2006 Curt Long, Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Re: McGrath v. McGrath No. 9f-3f96 CIVIL TERM U (- 34l~ Dear Mr. Long: (717) 234-2616 FAX (717) 234-5402 Enclosed for filing please find an originafl and five copies of a Petition for Special Relief and for Modification of Existing Custody Order in the above-referenced matter. The petition has two proposed orders attached: one order scheduling conciliation conference and and the other providing for special relief pending conduct of the conference. Please take the necessary steps to cause the petition and orders to be immediately transmitted to a judge for consideration. ourt administration or the _ _____ s to disposition of the request for an immediate order since s ld order impacts the conduct of custody pending the conciliation conference. ~ ~ 4 ~ ~ ~ ~ ~ 1 n y ase feel free to phone if you have any questions. Sincerely, Donald T. Kissinger DTK/djk Enclosures ce: Tabitha McGrath (w/encl} ~''_ ~..~ TABITHA McGRATH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-396 CIVIL TERM v. CIVIL ACTION -LAW ROBERT F. McGRATH, IN CUSTODY Defendant HESS, J.-- ORDER OF COURT AND NOW, this i 3 ` day of July, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Tabitha McGrath and Robert F. McGrath, shall have shared legal custody of the minor child, Molly McGrath, born July 29, 1998. 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 her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Summer Schedule. Father shall have primary physical custody subject to Mother's rights of partial custody, which shall be arranged as follows: 1. On Tuesdays at 7:30 a.m. until Wednesday at 4:00 p.m. 2. Effective July 1, 2006 on alternating weekends, from Thursday at 6:00 p.m. until Sunday at 10:30 a.m. B. School Year Schedule. Father shall have primary physical custody during the school year subject to Mother's rights of partial custody, which shall be arranged as follows: 1. Each Tuesday from after school until 7:30 p.m. when Father picks up the child from Mother's residence. This shall begin September 5, 2006. 2. On alternating Thursdays from after school until 7:30 p.m., effective September 7, 2006. 3. On alternating weekends from Friday after school until Sunday at 3:00 p.m., effective September 8, 2006. F;i.fa; {;; r _ L iC ii ?~ I ~'~ t , l ~ ~~ ~ . .~ . ~~ ~ ~ 1 .. f I ~. Vl'; ~ !~ ~~ ~ v ~ i NO. 01-396 CIVIL TERM 3. Mother shall sign limited scope authorizations to release information to Father's counsel so that the therapist may release information related to the Mother's therapy, including duration, attendance, progress and compliance. Mother shall arrange for her fiance, Robert Kinch, to sign an authorization for the release of confidential information to Father's attorney so that the therapist may release information relative to Mr. Kinch's anger management therapy, including duration, attendance, progress and compliance. 4. Paragraphs 3 and 5-8 of the April 23, 2003 Order shall remain in full force and effect. 5. Summer Vacation. Each party shall be entitled to uninterrupted custody of the child for one seven (7) day consecutive period to coincide with their custodial weekend during the child's summer school vacation upon thirty (30) days' written notice to the other party. 6. Transportation. Father will provide transportation at 7:30 p.m. on Tuesdays. Mother will provide all other transportation incident to custodial exchanges. 7. Pursuant to an agreement of the parties, Father's petition for special relief is withdrawn without prejudice. Father's petition for modification is resolved by the terms of this Order. BY THE COURT: ~/~ " \~~• A. Hess, J. Dist: Donald T. Kissinger, Esquire, P. O. Box 810, Harrisburg, PA 17108 ~~ ~- /'f-OL Tabitha McGrath, 4218 N. Progress Avenue, Harrisburg, PA 17110 TABITHA McGRATH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0. 01-396 CIVIL TERM v. ROBERT F. McGRATH, Defendant CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-13, 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 THE CUSTODY OF Molly McGrath July 29, 1998 Father 2. A Custody Conciliation Conference was held on Friday, June 30, 2006, in response to Father's filing of a June 15,-2006 Petition for Special Relief and for Modification of Existing Custody Order. Present for the conference were: the Father, Robert F. McGrath, and his counsel, Donald T. Kissinger, Esquire; the Mother, Tabitha McGrath, attended and participated pro se. 3. The parties reached an agreement in the forrry~f an rder as attached. 7lr-off' ( ~4 Date Melissa Peel Greevy, Esqu' e Custody Conciliator ~~`" ' :278814