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HomeMy WebLinkAbout07-3340r THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Thomas H. Brightbill, residing at 3081 Camp Swatara Rd., Bethel, Pennsylvania 19507. 2. The Defendant is Karen A. Odom, residing at 15 Lois Lane, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Hannah A. Odom 15 Lois Lane, Mechanicsburg 06/23/2001 5yrs, 11 mths IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION : NO. 07- 33 `I G CIVIL TERM 4. The child was born out of wedlock. 5. The child is presently in the custody of Karen Odom. 6. During his life, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Karen Odom, Cheryl & Lawrence Cowden 15 Lois Lane, Mechanicsburg 6/23/01- Present 7. The mother of the child is Karen Odom, currently residing at 15 Lois Lane, Mechanicsburg, Pennsylvania 17050. She is unmarried. 8. The father of the child is Thomas H. Brightbill, currently residing at 3081 Camp Swatara Rd., Bethel, Pennsylvania 19507. He is unmarried. t 9. The relationship of the Plaintiff to the child is that of Natural Father. The Plaintiff currently resides with the following persons: James & Elizabeth Brightbill, mother and father. 10. The relationship of the Defendant to the children is that of Natural Mother. The Defendant currently resides with the following persons: Lawrence & Cheryl Cowden, mother and step father. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff is best able to provide the care and nurture which the child needs for healthy development; and B. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. C. Defendant is erratic and abusive behavior poses a threat of harm to the child. D. Defendant has a boyfriend who has a P.F.A. Order prohibiting contact with child and mother. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to the Plaintiff subject to structured partial custody by the Defendant. Re Pec ly submitted, By: Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No. 71786 4 VERIFICATION I verify that the statements made in the foregoing Custody Complaint 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: ? - l - D 1 \2?? Thomas H. Brightbill, L loner t 'a THOMAS H. BRIGHTBILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM DEFENDANT 07-3340 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 08, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 26, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es q. . LA 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 Co, /1.7 t..o•ll-? V!N' '0l,,l?SN't }qz4- L I :11 V 1 I Or LOOZ h ib 1GFv ; u 3HI JO THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CUSTODY/VISITATION KAREN A. ODOM, Defendant : NO. 07- 3340 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AND NOW, this 18th day of June, 2007, I, Paul Bradford Orr, attorney forThomas Brightbill, Plaintiff, in the above-captioned action, hereby swear that I have served a flue copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return reeipt requested. The original return receipt card signed by Karen A. Odom on June 13, 2007, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. LAVA Dated: By: :R Paul Bradford Orr, Esquire Attorney for Defendant/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Supreme ID #71786 ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. 1 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: haun Cdom A. B. Received by (Printed Name) q Date of DeLhWy D. Is delivery address different from ff YES, enter delivery address I3 / Y 1 s. Service Type C? C tifi d M il ? v,? i •5y ? E / I 1 ?1 UU ?U r PA er e a Registered xpress J4 Return Receipt for Merchandin ? Insured Mail ? C.O.D. 17 Q 4. Rest acted Delivery? Oft Fee) Q/Yes 2. Article Number 7003 1 IJ 10 0001 1204 7795 (ftUb/ Aom arvbe wby PS Fef11t 3!811, Fdwu ry 2W4 Donreetlc Fleturn Receipt ,a2rtr?a¢ ?t s.o EXHIBIT "A" ??? ??r t ;;try ?=.J 1 a`;_ i _ i- ?.. Ti ?? GJ _ ?i C_ °t. THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM, No.: 07 - 3340 CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION AND NOW comes the Defendant, Karen A. Odom, together with the parties' Lawrence Cowden and Cheryl Cowden, by and through their attorney, Jerry W. Brown, Esq., who presents the following Motion, averring as follows: 1. Plaintiff, Thomas A. Brightbill, by and through his attorney, Paul Orr, Esq., filed a Complaint in Custody, to the above docket, naming Karen A. Odom as the sole Defendant in the action. 2. Defendant averred, in said Complaint, that he was not aware of anyone who might also have a claim to custody of the child at issue, Hannah A. Odom. 3. In fact, Lawrence Cowden and Cheryl Cowden, maternal grandparents of said child, have had legal and physical custody of the child, per Agreement signed by both Plaintiff and Defendant Odom since December, 2002. 4. In fact, the child at issue has resided in the same residence as Lawrence and Cheryl Cowden since her birth. 5. It is in the best interests of the child, and is necessary to a proper judicial determination of those interests, that Lawrence and Cheryl Cowden be joined in this Matter as Defendants in the proceedings. 6. It is necessary that Lawrence and Cheryl Cowden be joined as Defendants in this Matter in that through their participation in conciliation and other proceedings as are necessary, the best interests of the child at issue will be preserved. 7. Attorney Orr has been contacted regarding said joinder and fully agrees with the addition of Lawrence and Cheryl Cowden as Defendants. 8. It is consistent with Pennsylvania law that these individuals be added as parties to this Matter. WHEREFORE, Defendant respectfully requests that Lawrence and Cheryl Cowden be joined, fully, as Defendants in this Matter, and, as full parties, be allowed to participate in all proceedings related to Submitted, Fam ro wnE. SouCleDrive p Hill, PA 17011 (717) 737-9174 ID No.: 65345 Attorney for the Defendant(s) VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 P? §4901 relating to unsworn falsification to authorities. Date: A. Odom, Defendant ? -n r f > rn 'X JUN S 6 200 ?;; ? THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA Vi. KAREN A. ODOM, No.: 07 - 3340 CIVIL. ACTION - LAW LAWRENCE COWDEN CHERYL COWDEN Defendant(s) : IN CUSTODY ORDER AND NOW, this 14 1& day of T" c_ , 2007, upon consideration of the attached Motion, it is hereby Ordered and Decreed that Lawrence Cowden and Cheryl Cowden be joined as Defendants in this Matter, with all rights and privileges inherent within. It is further Ordered that the caption in this Matter be amended to reflect their addition, as indicated above. BY THE COURT: t? } L C- a JUN 2 7 tuu, THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3340 CIVIL ACTION - LAW KAREN ODOM, CHERYL COWDEN and IN CUSTODY LAWRENCE COWDEN, Defendants ORDER OF COURT AND NOW, this ? day of 3 C.9_h.C_ , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Thomas H. Brightbill, the Mother, Karen Odom, the maternal grandparents, Cheryl Cowden and Lawrence Cowden shall have shared legal custody of Hannah A. Odom, born June 23, 2001. Each party shall have an equal right, to be exercised jointly with the other party, 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 party 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 the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. For the summer, the parties shall have shared physical custody of the child on a week on/week off basis with the exchange day and time being Fridays at 5:00 p.m. Father's week shall begin Friday, June 29, 2007. 3. Father shall also have physical custody of the child on Sunday, July 22, 2007 from 8:00 a.m. to 8:00 p.m. i ' . C"l 4. Father shall be responsible for all transportation. Custody exchanges shall occur at the maternal grandparents' home. 5. The child's medication shall be sent with her to Father's house with the appropriate instructions. Father shall administer the medication according to medical instructions. 6. No party shall do or say anything nor permit a third party to do or say anything that may estrange the child from the other party or a family member, injure the opinion of the child as to the other party or family member, or hamper the free and natural development of the child's love and respect for the other party or family member. All parties and third parties shall act civil with the other party and family members in the presence of the child. There shall be no prohibition for the child to talk about non- custodial family members in front of the custodial family members. 7. The parties shall have liberal telephone contact with the child and the child is permitted to initiate telephone calls to the non-custodial party. 8. There shall be no smoking in any home when the child is present. The parties shall enforce this prohibition as to third parties. 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. Another Custody Conciliation Conference is scheduled for August 23, 2007 at 9:30 a.m. c& P ul Bradford Orr, Esquire, Counsel for Father ,7rry W. Brown, Esquire, Counsel for Mother and maternal grandparents J BY THE COURT_ THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3340 CIVIL ACTION - LAW KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN : IN CUSTODY Defendants PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Hannah A. Odom DATE OF BIRTH CURRENTLY IN CUSTODY OF June 23, 2001 Mother and maternal grandparents 2. A Conciliation Conference was held in this matter on June 26, 2007, with the following in attendance: The Father, Thomas H. Brightbill, with his counsel, Paul Bradford Orr, Esquire, and the Mother, Karen Odom, and maternal grandparents, Cheryl Cowden and Lawrence Cowden, with their counsel, Jerry W. Brown, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated June 26, 2007 adding the maternal grandparents as defendants in the custody action. 4. The parties agreed to an Order in the form as attached. R (o -O 7 Date T cqu ne M. Verney, Esquire Custody Conciliator THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN Defendants PX S 4 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3340 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this W,& day of , 2007, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. _ I , of the Cumberland County Court House, on the .6. k day of ?! pg rc (??2007, at ' 3 o'clock, A-. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each parry's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated June 29, 2007 shall remain in full force and effect, with the following modification: 3. Paragraph 2 shall be deleted in its entirety and replaced with the following. Maternal Grandparents shall have primary physical custody of the child. Beginning Friday, August 24, 2007 Father shall have alternating weekends from Friday at 4:30 p.m. to Sunday at 6:30 p.m. Father shall also be entitled to physical custody of the child any evening during the week from after school until 7:00 p.m. provided he give the maternal grandparents at least 48 hours prior notice. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. CC :S Wd 8Z OR LOU „ i ci:?P radford Orr, Esquire, counsel for Father etry W. Brown, Esquire, counsel for Mother and maternal grandparents A BY THE COURT, THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3340 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Hannah A. Odom June 23, 2001 shared-maternal grandparents and Father 2. A Conciliation Conference was held August 23, 2007 with the following individuals in attendance: The Father, Thomas H. Brightbill, with his counsel, Paul Bradford Orr, Esquire, and the Mother, Karen Odom, and maternal grandparents, Cheryl Cowden and Lawrence Cowden, with their counsel, Jerry W. Brown, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 29, 2007 providing for shared legal custody and shared physical custody for the summer on a week on/week off schedule. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. He is willing to provide alternating weekends and shared or alternated holidays to mother and maternal grandparents. Father asserts that Mother is not living with the maternal grandparents and his rights to the child are greater than those of the grandparents. He further maintains that the environment and living conditions at his home are better and more conducive to raising a child. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and for her parents to have primary physical custody of the child. Mother's position is the same as maternal grandparents. 6. Maternal grandparents' position on custody is as follows: They seek shared legal custody and primary physical custody with Father having alternating weekends and generous holiday time. Grandparents maintain that they are in loco parentis to the child, having exclusively cared for her almost since birth. The assert that she is settled in their home, that she attended kindergarten last year while living in their home and she should continue to attend the same school. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing, granting shared legal custody, with the matemal grandparents having primary physical custody and Father having alternating weekends. It is expected that the Hearing will require one day. ?3Jo A V-e Date Oacq%line M. Verney, Esquire Custody Conciliator THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KAREN A. ODOM, CHERYL COWDEN and NO. 2007-3340 CIVIL TERM LAWRENCE COWDEN, Defendants IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2007, upon consideration of Plaintiff's complaint for custody in the above-captioned matter and pursuant to an agreement reached among the parties in open court with their respective counsel, it is ordered and directed, with respect to the custody of Hannah A. Odom (date of birth June 23, 2001) as follows: 1. Shared legal custody is between Plaintiff and Defendants, Plaintiff being the natural father, Thomas H. Brightbill, and the Defendants being the natural mother and maternal grandmother and maternal step-grandfather. 2. The Defendant shall retain primary physical custody in this matter subject to periods of partial custody to Plaintiff as follows: Every other weekend from 4:00 p.m. on Friday until 6:30 p.m. on Sunday effective December 14, 2007; additionally 3. Father shall also enjoy periods of partial custody on any scheduled school closing day through May 31, 2008. Currently, January 21, 2008, and February 18, 2008, are scheduled school closing days whereby father would have partial custody beginning the night before at 4:00 p.m. until the conclusion of the school closing day at 6:30 p.m. This provision is conditioned upon 24-hours notice given to the Defendant by the Plaintiff. For the Christmas holidays, father shall enjoy partial custody from Friday, December 21, 2007, from 4:00 p.m. until ,viN lAIASNN3d AlNn S0 :01 WV 11 03 LOOZ I dd 3U :10 Tuesday, December 25, 2007, at 5:30 p.m. Transportation shall be shared by the parties as follows: Currently Defendant's do not have reliable transportation. Father shall provide all transportation until Defendants notify him that they have reliable transportation. At that time, transportation shall be shared between the parties. However, until reliable transportation is obtained, Defendants shall reimburse Plaintiff $10 per weekend in expenses. Finally, a half-way point will be determined by the parties at that time. A home study shall be conducted by Ms. Kim Althouse and all parties shall comply with this provision. All other provisions contained within the prior order of Court remain in effect; including but not limited to smoking issues within the households, medication, and refraining from any disparaging remarks among the parties. The father shall enjoy custody on Father's Day, mother shall enjoy custody on Mother's Day, if those holidays arrive prior to a new custody proceeding. Father's Day and Mother's Day shall supercede any other portions of this order. Plaintiff my request an additional hearing before this Court if necessary. That request must be in writing and submitted to the Court prior to 1 February 2008. By the Court, Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 For the Plaintiff Jerry W. Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 For the Defendants pcb THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION Defendant : NO. 07- 3340 CIVIL TERM MOTION FOR REQUEST OF HEARING TO THE HONORABLE JUDGES OF SAID COURT: Now this , 47day of January, 2008, comes the Plaintiff, Thomas H. Brightbill, by '-A I . J1 and through his attorney, Paul Bradford Orr, Esquire and moves this Court to grant his request, and in support thereof respectfully represents the following: 1. On or about December 5, 2007, the Honorable J. Wesley Oler, Jr., Ordered that a Hearing Request must be in writing prior to February 1, 2008. (See copy of Order of Court Attached) 2. Plaintiff is requesting an additional hearing due to Defendant's, Mr. & Mrs. Cowden, refusing to follow the current Court Order as follows: a.) Defendant's refuse to allow Plaintiff to see the child on days that school is closed as Ordered on December 5, 2007. b.) Defendant's have a working vehicle, yet still refuses to share transportation. c.) Defendant's have not been paying Plaintiff the Court Ordered $10.00 gas expense which is to be paid per weekend. d.) It is believed that the Defendant's are still smoking in their home, due to the fact that child comes to Plaintiffs home smelling of smoke on her clothes and hair even after being washed. WHEREFORE, for the above reasons, Plaintiff respectfully requests that the above captioned matter be scheduled for another Custody Hearing as soon as possible. Paul Bradtord Urr, tsquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 717-258-8558 PA ID: 71786 THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION : NO. 07- 3340 CIVIL TERM Defendant VERIFICATION I verify that the statements made in the foregoing Motion for Request of Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to worn falsifi ' n to authorities. DATE: I/V)a PV I-f, M. H B ' htbi'll PI ' fff CLIP71 omas . ng , ain VIA PIG (.&f THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. 07- 3340 CIVIL TERM CERTIFICATE OF SERVICE I, Paul Bradford Orr, Esquire, attorney for Plaintiff, do hereby certify that a true and correct copy of the within Motion for Request of Hearing was served upon the following individuals on the below date, by First Class Mail as follows: Jerry Brown, Esquire 4601 S. Clearview Drive Camp Hill, PA 17011-4 ! 3 ?$ Date. BY. Paul Bradford Orr, Esquir THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-3340 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2007, upon consideration of Plaintiff's complaint for custody in the above-captioned matter and pursuant to an agreement reached among the parties in open court with their respective counsel, it is ordered and directed, with respect to the custody of Hannah A. Odom (date of birth June 23, 2001) as follows: 1. Shared legal custody is between Plaintiff and Defendants, Plaintiff being the natural father, Thomas H. Brightbill, and the Defendants being the natural mother and maternal grandmother and maternal step-grandfather. 2. The Defendant shall retain primary physical custody in this matter subject to periods of partial custody to Plaintiff as follows: Every other weekend from 4:00 p.m. on Friday until 6:30 p.m. on Sunday effective December 14, 2007; additionally 3. Father shall also enjoy periods of partial custody on any scheduled school closing day through May 31, 2008. Currently, January 21, 2008, and February 18, 2008, are scheduled school closing days whereby father would have partial custody beginning the night before at 4:00 p.m. until the conclusion of the school closing day at 6:30 p.m. This provision is conditioned upon 24-hours notice given to the Defendant by the Plaintiff. For the Christmas holidays, father shall enjoy partial custody from Friday, December 21, 2007, from 4:00 p.m. until A,? 1 Tuesday, December 25, 2007, at 5:30 p.m. y Transportation shall be shared by the parties as follows: Currently Defendant's do not have reliable transportation. Father shall provide all transportation until Defendants notify him that they have reliable transportation. At that time, transportation shall be shared between the parties. However, until reliable transportation is obtained, Defendants shall reimburse Plaintiff $10 per weekend in expenses. Finally, a half-way point will be determined by the parties at that time. A home study shall be conducted by Ms. Kim Althouse and all parties shall comply with this provision. All other provisions contained within the prior order of Court remain in effect; including but not limited to smoking issues within the households, medication, and refraining from any disparaging remarks among the parties. The father shall enjoy custody on Father's Day, mother shall enjoy custody on Mother's Day, if those holidays arrive prior to a new custody proceeding. Father's Day and Mother's Day shall supercede any other portions of this order. Plaintiff my request an additional hearing before this Court if necessary. That request must be in writing and submitted to the Court prior to 1 February 2008. By the Court, TRUE COPY FROM RECORD in Testimony' whereof, I here unto set my hand and a sepl. pf said Co t at arlisle, Pa. I/ Th# y C'> ? m t . A:13 tSy FEB o i zoos rY THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CUSTODYNISITATION KAREN A. ODOM, Defendant : NO. 07- 3340 CIVIL TERM ORDER OF COURT AND NOW, this - day of ?-e L 2008, upon consideration of the Plaintiffs Motion for Request of Hearing, it is hereby ORDERED that the Motion for Request of Hearing is GRANTED and the parties are directed to appear for a Custody Hearing on the day of , 2008, atop 3D o'clock 4.m in the Cumberland County Court of Common Pleas, Courtroom Number r /Paul Bradford Orr, Esquire LAW OFFICES OF PAUL BRADFORD ORR 50 East High Street Carlisle, PA 17013 ?] For Defendant (26 fat Q_s ?Jerry Brown, Esquire 4601 S. Clearview Drive Camp Hill, PA 17011-4018 Court Administrator's Office MUct aL znrq-? 1 BY THE COURT: iV B?DZ ?tS Ow 9-- S-2 e 1 THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3340 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 27th day of February, 2008, upon consideration of Plaintiff's complaint for custody in the above-captioned matter, and the Court having received the testimony of one witness on behalf of the Plaintiff, Peggy Troutman, the child's past Sunday school teacher, and it appearing that the home study referred to in the Order of Court dated December 5, 2007, has not yet been completed, and pursuant to an agreement of counsel, the record shall remain open and a further hearing in this matter is scheduled for Thursday, May 8, 2008, at 9:30 a.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is noted that no exhibits had been identified or admitted as of the close of today's proceedings. It is noted that counsel for the Plaintiff, Paul B. Orr, Esquire, has requested that the notes of testimony from today's proceedings be transcribed and filed. By the Court, ? Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 For the Plaintiff ?Jerry W. Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 For the Defendants pcb l . lx'18 Z- H 'PlU I 1 TRANSMISSION VERIFICATION REPORT TIME : 03/0312008 12:51 NAME ; PROTHONOTARY C LONG FAX : 7172406573 TEL SER.# BROH3J606381 DATE DIME 03/03 12:50 FAX NO./NAME LEGAL SERVICE DURATION 00:00:32 PAGE(S) 02 RESULT OK MODE STANDARD ECM CURTIS R. LONG PROTHONOTARY CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6195 Curds R. Lang, Prothonotary To: Legal Services Fax# From: Cumberland County Prothonotary RE: THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3340 CIVIL TERM IN CUSTODY TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. WESLEY OLER, JR., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on February 27, 2008, In Courtroom Number 2. APPEARANCES: Paul B. Orr, Esquire For the Plaintiff Jerry W. Brown, Esquire For the Defendants n` i 7 INDEX TO WITNESSES FOR PLAINTIFF DIRECT CROSS REDIRECT RECROSS Peggy Troutman 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 February 27, 2008 Carlisle, Pennsylvania (The following proceedings were held at 2:39 p.m.) THE COURT: This is the time and place for a hearing on Plaintiff's complaint for custody in the matter of Brithtbill versus's Odom, Cowden, and Cowden at No. 2007-3340 Civil Term. We will let the record indicate that the parties are present with their respective counsel. The Court has met in chambers with counsel and understands that one witness will be called today and the hearing continued until Thursday, May 8, 2008, by which time hopefully the home study will have been completed. Mr. Orr. MR. ORR: Thank you, Your Honor. At this time for the Plaintiff I would like to call Ms. Peggy Troutman. PEGGY TROUTMAN, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. ORR: Q Ms. Troutman, can you spell and tell your name for the Court please? A It is Peggy, P-E-G-G-Y, Troutman, T-R-O-U-T-M-A-N. Q Your address, ma'am? A 149 Deer Drive, Jonestown, Pennsylvania, 17038. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You understand that we are here today on a custody matter involving a young lady named Hannah? A Yes, I do. Q What has been your relationship with Hannah? A I have been her Sunday school teacher for three years. Q What is the name of the church, if you could? A First Baptist Church. Q Hannah has been in your class for three years. How do you find Hannah to be when she is in your class, well behaved? A She is well behaved. She is very loving. She likes to be near me, and she gets along well with the children. She obeys. Q Is she dressed appropriately for church when she arrives? A Yes. Q Is she there on a regular basis? A Every two weeks, yes. Q During the last summer months, the summer of 2007, did you have the opportunity to see her more than that or was it about the same? A Occasionally it was more than that. Q Are there any daily activities through the week other than Sunday that she might go to church? 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. There is vacation bible school that goes for a whole week, but she was not there. Q Is that something that she had expressed any interest in attending? A Yes. Q Do you know when vacation bible school is scheduled for the summer of 2008? A No, I do not. Q But there will be a regular week of that as there is every year? A Yes. Q You mentioned that you were her Sunday school teacher for three years. Are you her teacher now? A No. Q Why is that? A Because she turned six and is entering the first grade, so she has moved up to another classroom. Q Even though she is not in your class any more because she has moved up in age, do you still have a chance to interact with her? A Yes, I do. Q Can you describe that for the Court? A She comes down to my room to see me and to give me a hug and we talk and then she goes to her own classroom. Q So does it appear she enjoys spending time with her 5 1 father and her father's family? 2 A Yes. 3 MR. ORR: I don't have any further questions for 4 this witness, Your Honor. 5 THE COURT: Mr. Brown. 6 MR. BROWN: I just have a couple questions is all. 7 8 CROSS-EXAMINATION 9 BY MR. BROWN: 10 Q The First Baptist Church is what you said that you 11 belong and teach Sunday school at? 12 A Yes, I do. 13 Q Where is that located? 14 A It is on 20 Linden Road in Lebanon. 15 Q What was that township? 16 A In Lebanon, 20 Linden Road in Lebanon. 17 Q Is it an independent Baptist church, or is it 18 affiliated with any other Baptist confessions? 19 A It is an independent. 20 Q What is the name of her teacher now? 21 A I am trying to think because she changed Sunday 22 school class teachers. 23 THE COURT: If you know. If you don't know, that 24 is all right. 25 BY MR. BROWN: 6 1 Q If you are not sure, that is all right. 2 A I am not sure. 3 Q It was your testimony that she seems to enjoy going 4 to church? 5 A Yes, she does, very much. 6 Q About how big is First Baptist and the 7 congregation? Just a good guess. 8 A Maybe 350. 9 MR. BROWN: I have nothing further. 10 THE COURT: Mr. Orr. 11 MR. ORR: I have no redirect on that, Your Honor. 12 BY THE COURT: 13 Q Who is it that brings the child to church? 14 A It is the Brightbills, the grandmother and the 15 grandfather. 16 THE COURT: All right. If there is nothing 17 further, you may step down, thank you. 18 MR. ORR: Your Honor, on the record, could I ask 19 that this witness be excused from any further proceedings in 20 this custody matter? 21 THE COURT: Mr. Brown. 22 MR. BROWN: I have no objection, Your Honor. 23 THE COURT: Ali right, you are excused, thank you. 24 We will enter this order: And now, this 27th day of February, 25 2008, upon consideration of Plaintiff's complaint for custody 7 1 in the above-captioned matter, and the Court having received 2 the testimony of one witness on behalf of the Plaintiff, Peggy 3 Troutman, the child's past Sunday school teacher, and it 4 appearing that the home study referred to in the Order of Court 5 dated December 5, 2007, has not yet been completed, and 6 pursuant to an agreement of counsel, the record shall remain 7 open and a further hearing in this matter is scheduled for 8 Thursday, May 8, 2008, at 9:30 a.m. in Courtroom No. 1, 9 Cumberland County Courthouse, Carlisle, Pennsylvania. 10 It is noted that no exhibits had been identified or 11 admitted as of the close of today's proceedings. 12 Mr. Orr and Mr. Brown, is that order satisfactory 13 to you? 14 MR. BROWN: Yes, it is, Your Honor. 15 MR. ORR: Yes, it is Your Honor. 16 THE COURT: Add to that order: It is noted that 17 counsel for the Plaintiff, Paul B. Orr, Esquire, has requested 18 that the notes of testimony from today's proceedings be 19 transcribed and filed. 20 All right, so ordered and court is adjourned. 21 22 23 24 25 8 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. gzc???O- 6waterl- Patricia C. Barrett Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Fel 1 - .2-- S, t -")- 0 1 Date 9 THOMAS H. BRIGHTBILL, Plaintiff/Respondent V. KAREN A. ODOM, Defendant/Petitioner CHERYL COWDEN and LAWRENCE COWDEN, Defendants/Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3340 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION Petitioner, Karen Odom, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides 124 Woods Drive, Lot 27, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent, Thomas Brightbill, hereinafter referred to as Father, resides at 3081 Camp Swatara Road, Bethel, Berks County, Pennsylvania 19507. 3. Respondents, Cheryl and Lawrence Cowden, hereinafter referred to as Maternal Grandparents, reside at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. The above-named parties are, respectively, the natural parents and maternal grandparents of Hannah A. Odom, born June 23, 2001. 5. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated December 5, 2007 and was entered by the Honorable Judge J. Wesley Oler, Jr. The Order, in pertinent part, grants the parties shared legal custody. Maternal Grandparents retain primary physical custody. Father has periods of partial physical custody at times outlined in the Order. Mother's periods of partial custody are not addressed save for the allowance of time on Mother's Day. 6. Mother is entitled to a modification of the current order, which is in Hannah's best interests, for reasons including but not limited to the following: a. The current order does not specifically address when Mother shall have periods of partial custody. Fortunately, Mother and Maternal Grandparents have a positive relationship and Mother is able to obtain some visits with Hannah, but her requests for overnights periods of partial custody are refused based on Maternal Grandparents' concern that agreeing to such a request would impact Father's periods of partial custody and subsequently result in more problems than already exist. b. Mother's home is a safe and nurturing environment in which to spend extended periods of partial physical custody with Hannah. c. Mother has shared legal and physical custody of Hannah's half-sister and Mother feels that it is important for Hannah to have extended periods of time to further develop and nurture the sibling bond between Hannah and her half- sister. 7. Mother seeks only to receive periods of partial custody equal to that granted to Father in the December 5, 2007, Order. Mother fully supports Maternal Grandparents maintaining primary physical custody of Hannah and recognizes that Hannah is well- adjusted, well cared for and happy in her present environment. 8. Mother also concurs with Maternal Grandparents in the allegations of problems with Father and his family regarding Hannah and she is concerned about the impact of Father's behavior, as well as that of Father's parents, on Hannah. 9. Mother's counsel has attempted to contact both Jerry Brown, Equire, counsel for Maternal Grandparents, and Paul Orr, Esquire, counsel for Father, to seek concurrence in the relief requested. Attorney Brown has indicated his concurrence with Mother's request. Attorney Orr has not responded to the undersigned's telephone message and it is therefore known as to whether there is concurrence on the relief requested. WHEREFORE, Mother respectfully requests that her Petition to Modify for periods of overnight partial physical custody be consolidated into the action already scheduled for hearing on May 8, 2008, at 9:30 a.m. Jess, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, KAREN ODOM, verifies that the statements made in the above Petition for modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 7 b KAREN ODOM THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3340 CIVIL TERM KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, : IN CUSTODY Defendants CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Karen Odom, hereby certify that I have served a copy of the forgoing Petition for Modification by: U.S. First Class Certified Mail, Return Receipt to: Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 and Paul Orr, Esquire 50 East High Street Carlisle, PA 17013 Date: q-)1- 0 ? Je9hc-a Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 T''OMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KAREN A. ODOM, CHERYL COWDEN and NO. 2007-3340 CIVIL TERM LAWRENCE COWDEN, Defendants IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2007, upon consideration of Plaintiff's complaint for custody in the above-captioned matter and pursuant to an agreement reached among the parties in open court with their respective counsel, it is ordered and directed, with respect to the custody of Hannah A. Odom (date of birth June 23, 2001) as follows: 1. Shared legal custody is between Plaintiff and Defendants, Plaintiff being the natural father, Thomas H. Brightbill, and the Defendants being the natural mother and maternal grandmother and maternal step-grandfather. 2. The Defendant shall retain primary physical custody in this matter subject to periods of partial custody to Plaintiff as follows: Every other weekend from 4:00 p.m. on Friday until 6:30 p.m. on Sunday effective December 14, 2007; additionally 3. Father shall also enjoy periods of partial custody on any scheduled school closing day through May 31, 2008. Currently, January 21, 2008, and February 18, 2008, are scheduled school closing days whereby father would have partial custody beginning the night before at 4:00 p.m. until the conclusion of the school closing day at 6:30 p.m. This provision is conditioned upon 24-hours notice given to the Defendant by the Plaintiff. For the Christmas holidays, father shall enjoy partial custody from Friday, December 21, 2007, from 4:00 p.m. until Tuesday, December 25, 2007, at 5:30 p.m. Transportation shall be shared by the parties as follows: Currently Defendant's do not transportation. Father shall. provide all Defendants notify him that they have reli that time, transportation shall be shared However, until reliable transportation is shall reimburse Plaintiff $10 per weekend have reliable transportation until able transportation. At between the parties. obtained, Defendants in expenses. Finally, a half-way point will be determined by the parties at that time. A home study shall be conducted by Ms. Kim Althouse and all parties shall comply with this provision. All other provisions contained within the prior order of Court remain in effect; including but not limited to smoking issues within the households, medication, and refraining from any disparaging remarks among the parties. The father shall enjoy custody on Father's Day, mother shall enjoy custody on Mother's Day, if those holidays arrive prior to a new custody proceeding. Father's Day and Mother's Day shall supersede any other portions of this order. Plaintiff my request an additional hearing before this Court if necessary. That request must be in writing and submitted to the Court prior to 1 February 2008. By the Court, / j Tesley 0 ., J. Paul B. Orr, Esquire SO East High Street Carlisle, PA 17013 For the plaintiff Jerry W. Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 For the Defendants pcb VINVA-VSNN3d MWOO ??tr-'l P9vm S 0 =01 WV 1 t 330 LOZ Add n.? i, 72 THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. KAREN A. ODOM, No.: 07 - 3340 CIVIL ACTION - LAW CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN CUSTODY MOTION AND NOW, this day of April, 2008, comes Defendant's CHERYL COWDEN, and LAWRENCE COWDEN, by and through their attorney, Jerry W. Brown, Esq., to bring the following Motion, averring as follows: 1. Per Order of this Honorable Court, dated December 5, 2007, certain provisions regarding the child at issue, Hannah Odom, were set forth by agreement of the parties. (A true and correct copy of this Order is attached at Exhibit A and is incorporated herein by reference as if set forth in its entirety.) 2. An unnumbered paragraph of said Order provides that a home study was to be conducted by Ms. Kim Althouse. Plaintiff and Defendants agreed to the conducting of a home study prior to the entry of this Order and agreed to its being conducted by Ms. Althouse. The above-named unnumbered paragraph also provided that: "all parties shall comply with this provision." 3. When the Defendants, through their counsel, agreed to Ms. Althouse performing the home study, they reasonably believed that normal standards, efforts, and inquiries would apply. Defendants were also not aware that Ms. Althouse was employed by Agape Associates, whose principal office is located 531 Dietz Road, Elliottsburg. PA 17024 and were, therefore unable to consider the methodology and reputation of said evaluator and her employer prior to agreeing that she undertake aid study. 4. Upon meeting Ms. Althouse, the Cowdens became concerned about the methodology of the home study, including but not limited to: Ms. Althouse's specific request that Hannah not be present during the home study, particularly when it is the Defendant's understanding that Hannah was present during at least one of Ms. Althouse's visits to the Brightbill household. 5. Defendants reasonably believe that having the child present during Plaintiffs part of the home study while directing that she not be present during Defendant's could reasonably lead to improper and/or unintentionally prejudiced conclusions reported, in the home study, to the Court. 6. Upon meeting Ms. Althouse, Defendants also became concerned regarding the extensive and intrusive amount of information that Ms. Althouse attempted to secure from the Cowden's, information, that in large part, had no relevance to the study of Hannah's home environment, and, in the Defendant's belief, would violate their right to privacy. 7. When Ms. Althouse was asked to explain why she was proceeding in such a manner, her effective response was to say, in synopsis, that it was the way she did it and that the Defendants' would have to agree to her methodology and practice with the alternative being that she would not complete the Cowden's part of the home study. 8. Despite repeated efforts to illicit an understandable and reasonable explanation from Ms. Althouse as to why her methodology and practice was necessary, relevant, and, by its full and unquestioned following, would provide an unbiased and, more importantly accurate, evaluation of Hannah's home life vis a vis the Cowden's, none was effectively articulated. 9. Defendant's reasonably believe that "cooperating" with Ms. Althouse's efforts could easily lead to an incomplete, inaccurate, irrelevant, perhaps prejudiced, study, which may then be presented as objective, professionally-based evidence which may, in turn, hamper a proper determination of the best interests of Hannah Odom. 10. As a result of the Cowden's concerns, as well as subsequent conversation had with Ms. Althouse by Defendant's attorney, Defendant's attorney contacted Dr. Stanley Schneider of Guidance Associates, a well-known and highly respected practice group, who agreed to perform a home study of the Cowden's residence, and to have said study completed and reviewable/ready for presentation in time for the hearing on this Matter which is currently scheduled for May 8, 2008. 11. The Cowden's have been able to secure the monies necessary to pay for this evaluation and the County will bear no financial responsibility for its undertaking. 12. Plaintiff will not be prejudiced in any way by the Cowden's home study being conducted by Guidance Associates. 13. Moreover, having the Cowden's study conducted by Guidance Associates will help to ensure that the Court have an accurate, relevant, and complete picture of Hannah's home life at the Cowden's, thereby enabling the court to better make a decision as to the best interests of the child. 14. No party to this Matter would have their positions compromised by allowing Guidance Associates to complete the Cowden's portion of the home study and by the presentation of their conclusions and recommendations at hearing. 15. Defendant's are requesting this change in order to do their part to assist in an accurate determination of the best interests of their granddaughter, Hannah Odom. WHEREFORE, Defendant's respectfully request that this Honorable Court set a hearing date for this Motion, should Plaintiff object to it, as soon as is practicable. WHEREFORE, Defendant's respectfully request that the Court Order that Guidance Associates perform the home study as to Lawrence and Cheryl Cowden, and that they proceed with all good speed. WHEREFORE, Defendant's respectfully request that Kim Althouse (and her employers Agape Associates, be excused from conducting Lawrence and Cheryl Cowden's home study. Resp ully Submitted, B wn, Esq. t uth Clearview Drive ill, PA 17011 (717) 737-9174 ID No.: 65345 Attorney for the Defendant(s) ___._- LtlQL Lf !Sv JLcsLG!ltt=-tli,n !!lQt.li-i !11 L!!I-_? !Y!_L1R11! M!C !!l!M ailS_•" =_1! L. ! L.!!I!_!Gl i?LdflLS that false statements herein are made subject to the penalties of 18 Pa. C.S. § Af1A4 r..l.w}:...+. +.. !!.-.r....?r.•! f.?1..:F...???r?.•. +.-. OACta'ar 6zqrf?? Date: (;henyi Cowden, Defendant ! YG! !?3f Lt CIL UM-7 ?LOLtM it-"HUL S HCESlL- iii M ii-b !vitAi Lj i Cl1 G mutt Q! !t: ! 6!! MAW. =L^! !L that false statements herein are made subject to the penalties of 18 Pa. C.S. § Anne ,?.,+;.... +,.. !... ,.....1 f..l..:r.., .±?.,., 4- -..+i..,.:+:- W eotae .? Date: Lawrence Gowoen, Defendant q -zv -or r a ?. ?ryti7 THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3340 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Karen Odom, Petitioner, to proceed in forma au ris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that 1 believe ervices to the party. the party is unable to pay the costs and that I am proVuire Jessi MidPenn Lega l Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 f"" 1 -TI y ?1 U I .APR 1 2 2008 THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3340 CIVIL TERM KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, : IN CUSTODY Defendants ORDER OF COURT 2-114, d,, af Alof,,l , 206s) AND NOW, it is hereby directed that upon consideration of the attached Petition for T Modification, this matter is consolidated into the action scheduled for hearing on May 8, 2008 at 9:30 a.m. By the Court, c_-s J. esley Oler, Jr., Judge r ?? w s3.??0 -go bZ Jb ;v fir] ?? THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KAREN A. ODOM, LAWRENCE COWDEN and CHERYL COWDEN, Defendants NO. 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of April, 2008, upon consideration of Defendant's motion filed in the above matter on April 21, 2008, and attached hereto, the motion is denied. BY THE COURT, J Wesley Ole Jr., J. hws t /Jessica 4@+t, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Plaintiff /Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant Karen Odom `- Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden (20 I £S mt? ! ta- ry?? o?og ? ? Mt eA43 T, ; Y ? } ii 9 31 THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3340 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 8th day of May, 2008, the Order of Court dated December 5, 2007, is amended with respect to paragraph 3 to reflect that the expense of the home study conducted by Ms. Kim Althouse shall be shared equally by Plaintiff and Defendants Cheryl Cowden and Lawrence Cowden. The home study shall not include the home of Defendant Karen A. Odom. By the Court, Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 For the Plaintiff Jerry W. Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 For Defendants Cowden Jessica Holst, Esquire 401 East Louther Street Ste 103 Carlisle, PA 17013 For Defendant Odom OF pcb C i' l -D a Cm - fx 9 FFI COD C N THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 2007-3340 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 8th day of May, 2008, upon consideration of Plaintiff's Complaint for Custody in the above-captioned matter, and following a second period of hearing which has not yet been completed, the record shall remain open and counsel are requested to contact the Court's secretary for purposes of scheduling a further period of hearing in the matter. It is noted at the time of adjournment on today's date, the Court had received testimony from Plaintiff Thomas H. Brightbill, Defendant Karen A. Odom, and Defendant Cheryl Cowden, as well as testimony from certain other persons. However, the Court will afford all parties the opportunity to present further testimony from the parties and from any other witnesses whom they deem appropriate. As of the adjournment on today's date, Plaintiff's Exhibits 1, 2, 3, 4, and 5 had been identified and admitted, and Defendants' Cowden Exhibits 1 and 2 had been identified and admitted. No counsel has requested that a copy of the transcript of the notes of testimony from today's date be filed. r, Jr. , J. By the Court, V#NVA ),SNli N3d ,uNnrn ,'I 9 s =01 A Z I IN 0002 Ak MONO f }Odd 3 180 3011:UtCH1, 91d Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 For the Plaintiff Jerry W. Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 For Defendants Cowden Jessica Holst, Esquire 401 East Louther Street Ste 103 Carlisle, PA 17013 For Defendant Odom S. rz- 0Y pcb s THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this 14'h day of May, 2008, upon consideration of Plaintiffs complaint for custody, and following an initial proceeding on December 5, 2007, an evidentiary hearing on February 27, 2008, and a further evidentiary hearing on May 8, 2008, and the parties having not yet completed their presentation of evidence, with respect to custody of Hannah A. Odom (date of birth June 23, 2001), and it appearing that Defendants Cowden have failed to cooperate in the home study procedure agreed upon and mandated by the order of court dated December 5, 2007, and referred to in the order of court dated February 27, 2008, as a result of which the home study could not be completed, it is ordered and directed as follows: 1. Defendants Cowden are directed to fully cooperate with Kim Althouse in her performance of the home study; 2. A final period of hearing in this matter is scheduled for Monday, August 4, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; 3. Pending the final period of hearing and further order of court, legal custody of the child shall be shared between Plaintiff Thomas H. Brightbill and Defendant Cheryl Cowden. These parties shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regarding here health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or ' iNfV IASNN d 61:6 NV S 1 IN 8002 AdVIO i RIOW 3HLL JO school records, the residence address of the child that of all other parties. To the extent that one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. Plaintiff Thomas H. Brightbill and Defendant Cheryl Cowden shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each of these parties shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to, medical records, birth certificate, school or educational attendance records or report cards. Additionally, each such party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Pending the final period of hearing and further order of court, physical custody of the child shall be shared among the following parties in the following manner: a. During the school year, (1) Defendant Cheryl Cowden shall have physical custody of the child during the week from Sunday at 6:30 p.m. until Friday at 4:00 p.m., and one weekend out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m.; (2) Plaintiff Thomas H. Brightbill shall have physical custody of the child for two non- consecutive weekends out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m.; and (3) Defendant Karen A. Odom shall have physical custody of the child for one weekend out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m. b. During the summer, (1) Defendant Cheryl Cowden shall have physical custody of the child for two non- consecutive weeks out of five; (2) Plaintiff Thomas H. Brightbill shall have physical custody of the child for two non- consecutive weeks out of five; (3) Defendant Karen A. Odom shall have physical custody of the child for one week out of five; and (4) the first week of the summer shall be that of Defendant Cheryl Cowden, the second week shall be that of Plaintiff Thomas H. Brightbill, the third week shall be that of Defendant Karen A. Odom, and so forth. c. Responsibility for transportation with respect to custody exchanges shall be that of the party receiving custody. d. Notwithstanding the foregoing, Defendant Cheryl Cowden shall have physical custody of the child on Christmas Day from 9:00 a.m. until 4:00 p.m. and Plaintiff Thomas H. Brightbill shall have physical custody of the child from Christmas Day at 4:00 p.m. until two days prior to the resumption of school at 6:30 p.m. 5. The child's medication shall be sent with her to the house of Plaintiff Thomas H. Brightbill and the house of Defendant Karen Odom, as the case may be, by Defendant Cheryl Cowden, with appropriate instructions. Plaintiff and Defendant Karen Odom shall administer the medication according to medical instructions. 6. Defendant Cheryl Cowden, Plaintiff Thomas H. Brightbill, and Defendant Cheryl Cowden shall have liberal telephone contact with the child and the child shall be permitted to initiate telephone calls to any of them; 7. There shall be no smoking in any home when the child is present. The parties shall enforce this prohibition with respect to third parties. 8. The child shall continue to attend school in her present school district. 9. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, . Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Plaintiff Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant Karen Odom Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden .SiSoP :rc THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. KAREN A. ODOM, No.: 07 - 3340 CIVIL ACTION - LAW CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF-TEMPORARY ORDER PURSUANT TO PA.R.C.P. 1915.13 AND NOW, this 28"' day of May, 2008, comes Defendants CHERYL COWDEN, and LAWRENCE COWDEN, by and through their attorney, Jerry W. Brown, Esq. To bring the following Petition: 1. Petitioners are Cheryl Cowden, and Lawrence Cowden, Defendants in the above-captioned action, whose address is as follows: 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Thomas H. Brightbill, Plaintiff in the above-captioned action, whose address is: 3081' Camp Swatara Road, Bethel, Berks County, Pennsylvania 19507. 3. Court Orders have been issued in this matter, dated June 29, 2007, December 5, 2007, February 18, 2008, and May 14, 2008, that set forth the terms of custody between the parties. (True and correct copies of said Orders are attached at Exhibit A and are incorporated herein.) 4. Petitioners reasonably believe that the emotional, psychological, and physical health and well being of the child at issue, Hannah Odom, has been compromised and endangered by the willful actions and inactions of the Respondent and those persons whom he lives with, to the extent that Defendants believe it is absolutely necessary that an emergency modification to the existing court orders must be undertaken in order to protect the emotional, psychological, and physical well-being of the child. 5. In support of their belief that emergency relief is necessary, Petitioners aver as follows: a). On or about May, 23. 2008, Pennsylvania's Child Abuse Hotline received information that Lawrence W. Cowden had engaged in inappropriate physical/sexual contact with Hannah Odom. b). On or about May 24, 2008, Cumberland County Children & Youth agency initiated contact with Hannah at her school. c). That same day, Cumberland County Children & Youth agency made contact with Lawrence and Cheryl Cowden, at their residence, where they gathered information and apprised the Cowden's of the allegations that had been made. d). Children & Youth directed that Hannah was to be removed from the Cowden's residence! and placed with Ashley Kirchner and her family until a further investigation could be undertaken. e). On Tuesday, May, 27, 2008, Hannah was transported to the Children's Resource Center, in Harrisburg, where she was interviewed and examined. Persons present at this interview included: Audra Hennesey and Shelly Barrick of Cumberland County Children & Youth agency, Cumberland County Assistant District Attorney ChristyLee Peck, Dr. Paula George, and Sara Smith of the YWCA Sexual Assault/Rape Crisis Center. f). Through the interview process, the assessment team determined that there was no support for the allegations and that Hannah should be returned home to the Cowden's. g). During the interview, Hannah reported that her father, Thomas H. Brightbill, had touched her in the area of her breasts, genitals, and anal areas in his bed, and that he had laid on top of her and refused to get off when she complained. h). It was also reported that Elizabeth Brightbill (paternal grandmother with whom Plaintiff resides) insists on wiping Hannah's genital and anal areas whenever Hannah goes to the bathroom. This is being done despite the fact that Hannah, soon to be age 7, attends full-day first grade and has shown that she is more than capable of performing those tasks by herself. Hannah also reports that she is not allowed to take a bath by herself and is afforded no privacy while at the Brightbill's. i). The team present at the interview expressed substantial concerns over these revelations and determined that an investigation of the Plaintiff and his parents was warranted. Cumberland County Children & Youth agency has indicated that they are forwarding their findings to Berks County Children & Youth with a request that they initiate an investigation regarding inappropriate physical/sexual contact occurring in the Brightbill home. j). Members of the team also interviewed Cheryl Cowden, at length, where it was reported that the Brightbill's have repeatedly, and systematically, engaged in conduct that could be construed as emotionally detrimental to Hannah. k). Among other things, it was reported that Plaintiff, an/or his parents, have forbidden Hannah from talking about Karen Odom, the Cowden's, and her half-sister, Arryanna, and is reprimanded whenever she does so; have been heard to make repugnant and repeated ant-semitic remarks regarding Lawrence Cowden, who is Jewish; in public and in a manner heard by others; have called Lawrence and Cheryl Cowden, at various times, dumb, stupid, ugly, and evil, with said comments being made directly to the child; have repeatedly told Hannah that she has to say that she wants to live with the Brightbill's and that she is reprimanded if she does not comply; that Plaintiff has made comments to the effect that he wanted to "shoot" Lawrence Cowden, with said comments being heard by the child and resulting in her having a series of nightmares concerning said statement; I). Hannah reports that she has been told to hate the Cowden's and Ms. Odom. m). Hannah reports that members of the Brightbill family (possibly Elizabeth Brightbill (paternal grandmother) recently told Hannah that she shouldn't have been born because her "mommy and daddy weren't married." This caused the child great emotional distress. n). Cheryl Cowden learned at the above interview that the Brightbill's had been instructed by Cumberland County Children & Youth to refrain from all contact with Hannah and the Cowden's prior to the team interview. Lawrence and Cheryl Cowden both report that Tom and Elizabeth Brightbill made repeated attempts to contact both the Cowdens and Hannah directly disregarding Children & Youth's instructions A Hannah has witnessed members of the Brightbill family behave in an aggressive, unmannerly, and threatening manner toward the Cowden's, particularly at times where the Cowden's have picked-up Hannah at the Brightbill residence. k). Petitioners respectfully and reasonably believe that the court must intervene in order to prevent further emotional, psychological, physical, and/or sexual harm occurring to the child. 6. For the above reasons, Petitioners believe it would be in the child's best interests to have Respondent's partial custody be suspended pending complete investigation and satisfactory resolution of the above issues, and that James and Elizabeth Brightbill be prohibited from having contact with Hannah Odom, as well. 7. Attorney Brown has contacted Attorney Jessica Holtz (attorney for Karen Odom) regarding this matter and has been informed that they concur with the filing of this Petition and request that the relief requested be granted. WHEREFORE, Petitioners respectfully request that this Honorable Court grant this Petition for Emergency Ex Parte Special Relief and Order as follows: a). That all partial custody and/or visitation with Plaintiff be suspended until investigation and resolution of these matters has occurred and until further order of this Court after hearing. b). "chat paternal grandparents James and Elizabeth Brightbill be prohibited from having contact with Hannah, by any means whatsoever, until investigation and resolution of these matters has occurred and until further order of this Court after, hearing. Respectfully submitted, Jerry . Brown, Esquire 460 outh Clearview Drive Ca Hill, PA 17011 (71 ) 737-9174 I. D. # 65345 Attorney for Petitioners VERIFICATION I, LAWRENCE COWDEN, 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. §4904, relating to unsworn falsification to authorities. LAWRENCE COWDEN VERIFICATION I, CHERYL COWDEN, 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. §4904, relating to unsworn falsification to authorities. CHERY COWDEN I'l1,X,L S 1-1. BRICHTBILf_, N. K.-.RED; 0 I)0h1, CHERYL CMVDEN and LAWRENCE COWDEIN. Defendants IN THE (Ot'RT OF { O?IllO? I'LEA' OF 1 ? i f3 F i L 0'f) C )1 ?'v T ? P F i A : N0. 2O07_13-)O CIvII.. -?CTIWN L ,v : Iii CU:STO:t Y ORDER OF COURT AND NOW this 00 A '?y day of ?L___ II - --• 2007. XUpon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Thomas H. Brightbill, the Mother, Karen Odom, the maternal grandparents, Cheryl Co?Nden and Lawrence Co%?clcn shall have shared legal custody of I fannah A. Odom, born June 231 2001. Each party shall have an equal right, to be exercised jointl% ?? ith the other party, to make all major non-emer-ency decisions affecting the Chdd's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terns of2> Pa.C.`:.. each party 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 the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof. ?? ith the other party «ithin such reasonable time as to slake the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations ith rep, ird to the minor child. Each party shall be entitled to full and complete mrorrn-ation from an\, physician, dentist, teacher or authority and copies of any reports ('1Ven to them as parties incluclinEt. but not limited to: medical records, birth certificates, school or educati,;)nal attendance records or report cards. Additionally. each party shall be entitled to receive copies ofan? notices which come from school ??Ith regard to school pictures, extracurricular activities. children's parties, musical presentations, back-to- school nights. and the like. For the summer, the parties shall hay e shared physical custody of the child on a «eek on'«eek off basis with the exchange day and time being Fridays at 5:00 p.m. Fathers ??eek shall be?,,in Friday. June 29, 2007. 3. Father shall also have physical custody of the child on Sundae, Jule '?. 2007 from 8:00 a.tn. to 8:00 p.m. q. Father shall be responsible 6- r all transportation. istody cchanges shah _cur,.it '?;? matc,??al?r:?ndpar;°?ts' hon,:? 5. Tii, ctliid's me< ?„atton snai? be sent her to i . ttiei appropriate instructions. Father shall administer the medication __cef.?rding to medi??I instructions. 6. No party shall do or say am thin,,, nor permit a third party to do c)r say, anything that may estrang=e the child from the other party or a farnil? member, ;njure the opinion of the child as to the other party or family member, or hamper the free and natural development of the child's love and respect for the other party or family member. All parties and third parties shall act civil with the other party and family members in the presence of the child. There shall be no prohibition for the child to talk about non.- custodial family members in front of the custodial family members. 7. The parties shall have liberal telephone contact ?wh the child and the child is permitted to initiate telephone calls to the non-custodial party. 8. There shall be no smoking in any home when the child is present. The parties shall enforce this prohibition as to third parties. 9. fhis Order is entered pursuant to an acreement of the parties at a CUStody Conciliation Conference. The parties may modify the provisions of this Order b. mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for August 23, 2007 at 9:30 a.m. BY THE COURT, J. Wesley Oler, Jr/11 I ` - 1 cc: Paul Bradford Orr. Esquire. Counsel for Father Jerre W. Brown. Esquire. Counsel for Mother and maternal grandparents .. ?,: w art THO YIAS H. B11ICH-1 311-1- Plaintlf K ARL: N A. OI SO 4, CHERYL COWDEN and LAWRENCE CO'vVDEN Defendants I,..l 1JE Ct?C 1?1OJ, C(,-° tNIO N 1'' FAS OF NO. 2007-3)340 CIVIL ACTION - LA VV : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SU,M.VIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8. the undersigned CUStod} Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follo"s: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannah A. Odom June 23, 2001 Mother and maternal grandparents 2. A Conciliation Conference was held in this matter on June 26. 2007, ?? ith the follo%?mg in attendance: The Father. Thomas H. Brightbill, with his counsel. Paul Bradford Orr. Esquire. and the Mother. Karen Odom. and maternal grandp.are'nts. Cher% I Cowden and Latikrence Cowden, v,ith their counsel. Jerre W. Bro?N,n, Esquire. 3. The Honorahle.1. %Vesley Oler, Jr, .entered an Order of Court dated June 26. 2007 adding the maternal grandparents as defendants in the custody action. 4. The parties agreed to an Order in the form as attached. Date icqu ne M. Verne. Esgrure Custody Conciliator 7 ",4 S : J J- AND NOW, this 5th day of December, 200 cons;deration of Plaintiff's complaint for custody In the above-captioned matter and pursuant to an agreement reached among the parties in open court with their respective counsel, it IS ordered and directed, with respect to the custody of Hannah A. Odom (date of birth June 23, 2001) as follows: 1. Shared legal custody is between Plaintiff- and Defendants, Plaintiff being the natural father, Thomas H. Brightbill, and the Defendants being the natural mother ar.d maternal grandmother and maternal step-grandfather. 2. The Deferdant shall retain primary physir,al custody? ic. this matter subject to periods of partial custod./ to Plaintiff as follows: Every other weekend from 4:00 p.m. on Fridav until 6:30 p.m. on Sunday effective December 14, 2007; additionally 3. Father shall also enjoy periods of partial custody on any scheduled school closing day through May 31, 2008_ Currently, January 21, 2008, and February 18, 2008, are scheduled school closing days whereby father would have partial custody beginning the night before at 4:00 p.m. until the conclusion Of the school closing day at 6:30 p.m. This provision is conditioned upon %4-hours notice given to the Defendar- by the Plaintiff. For the Christmas holid.: father- shall enjoy partial .ustody from Friday, December 21, 20(', from 4:00 p.m. until t? I - 1': 24. 200. it 5:79 n.m. - - • . - __' V -,c Ida it, S ,- -ati ,. `. _ De -..dan-s notify him that the have re ii_,ole Apo ? ?' At that time, transportation shall be shared between the part-yes. However, until reliable transportation is obtained, Defendants shall reimburse Plaintiff $10 per weekend in expenses. Finally, a half-way point will be determined by the parties at that time. A home study shall be conducted by Ms. Kim A]_thouse and all parties shall comply with this provision. All other provisions contained within the prior order of Court remain in effect; including but not limited to smoking issues within the households, medication, and refraining trcm any disparaging remarks among the parties. The father shall enjoy custody on Father's DEy, mother shale enjoy custody on Mother's Day, if those holidays arrive prior to new custody proceeding. Father's Day and Mother's Day shall supercede any other portions of this order. Plaintiff my request an additional hearing before this Court if necessary. That request must be in wri'_ing and submitted to the Court prior to 1 February 2008. By the Court, TRIJE CORY FROM, RECORD in Testin-*ny vA'hr;r_of, ! ha-re U,-,c set my hand and a set of said Co rt at ariisle, Pa. Wesley OISA J'rl. , J. i- -7 1 1E <YL 'CWLDE i : ,d AW',?.ENC _-O,dDEN, Defendants I\i CU S _'ODY ORDER 07 COURT AND NOW, this 27th day of February, 2008, upcn consideration of Plaintiff's complaint for custody in the above-captioned matter, and the Court having received the testimony of one witness on behalf of the Plaintiff, Peggy Troutman, the child's past Sunday school teacher, and it appearing that `.he home study referred to in the Order of Court dated December 5, 2007, has not yet been completed, and pursuant to an agreement of counsel, the record shall remain open and a further hearing in this matter is scheduled for Thursday, May 8, 2008, at 9:30 a.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is noted that no exhibits had been identified or admitted as of the close of today's proceedings. It is noted that counsel for the Plaintiff, Paul B. Orr, Esquire, has requested that the notes of testimony frc:m today's proceedings be transcribed and filed. By the Court, Paul B. Orr, Esquire 50 East High Street Carlisle, PA 17013 For the Plaintiff 1__,?Jerry W. Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 For the Defendants pcb 9 ZI ?ld ?-?uuZ .?? 1_a1A ? ;. 1?aaTBIi_ ?. '?la3r:ilf.1. 11Oi -LA ,, 1IERY C01? DLN; a ld LAWRENCE COWDEN, Defendants NO. 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this 14`x' day, of May, 2008, upon consideration of Plaintiff's complaint for custody, and following an initial proceeding on December 5, 2007 an evidentiary hearing on February 21, 2008, and a further evidentiary hearing on May 8, 2008, and the parties having not yet completed their presentation of evidence, with respect to custody of Hannah A. Odom (date of birth June 23, 2001), and it appearing that Defendants Cowden have failed to cooperate in the home study procedure agreed upon and mandated by the order of court dated December 5, 2007, and referred to in the order of court dated February 27, 2008, as a result of which the home study, could not be completed, it is ordered and directed as follows: 1. Defendants Cowden are directed to fully cooperate with Kim Althouse in her performance of the home study; 2. A final period of hearing in this matter is scheduled for Monday, August 4, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; 3. Pending the final period of hearing and further order of court. legal custody of the child shall be shared between Plaintiff Thomas H. Brightbill and Defendant Cheryl Cowden. These parties shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regarding here health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or ' i "1 1 ^ Ckoo ;Uoltllc C Jil.e?ll ZLlllirCJs i t1k, i,I 116 vi 11, Vti!;:r rrtl To _ ": ten' :hat one Tarty has nosse?,sion )f an,? ?_lc Cl rC::_ J.' Ii" l:mn LILT' )ho ial di".., SPIL .! c C _'ijLI;iCj to spar- i;li? or copy Lhereo` o ith the ( ther T)art? ?4itr:n su,::h reasonable t.n?v to n?al:e the recor ds and in onnatlor of reasonable use t? the oche party. Plaintiff Thomas 1-1. Brightbill and Defendant Cheryl Cowden shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each of these parties shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to, medical records, birth certificate, school or educational attendance records or report cards. Additionally, each such party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Pending the final period of hearing and further order of court, physical custody of the child shall be shared among the following; parties in the following manner: a. During the school year, (1) Defendant Cheryl Cowden shall have physical custody of the child during the week from Sunday at 6:30 p.m. until Friday at 4:00 p.m., and one weekend out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m.; (2) Plaintiff Thomas H. Brightbill shall have physical custody of the child for two non- consecutive weekends out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m.; and (3) Defendant Karen A. Odom shall have physical custody of the child for one weekend a.,ut of four ,-()m ±_r day at 4' _W -.m, U,tii j. J_}'llrjnj)7 the sii333? ner, Defendant Chervl Cowden )hall h- ve physical custody of the child for two non- consecutive week out of five: (2) Plaintiff Thomas H. Brightbill shall have physical custody of the child for two non- consecutive weeks out of five; (3) Defendant Karen A. Odom shall have physical custody of the child for one week out of five; and (4) the first week of the summer shall be that of Defendant Cheryl Cowden, the second week shall be that of Plaintiff Thomas H. Brightbill, the third week shall be that of Defendant Karen A. Odom, and so forth. c. Responsibility for transportation with respect to custody exchanges shall be that of the party receiving custody. J d, Notwithstanding the foregoing, Defendant Cheryl Cowden shall have physical custody of the child on Christmas Day from 9:00 a.m. until 4:00 p.m. and Plaintiff Thomas H. Brightbill shall have physical custody of the child from Christmas Day at 4:00 p.m. until two days prior to the resumption of school at 6:30 p. in. 5. The child's medication shall be sent with her to the house of Plaintiff Thomas H. Brightbill and the house of Defendant Karen Odom, as the case may be, by Defendant Cheryl Cowden, with appropriat'-, '.nS11-LIC1101'S. t'la1'111i 2111 C: Jc ':'nClal' '> Ir° 1 'JCI(?I 5.'12:!; :t 17'-1I11St; file 1-nedlcanorl accorc;ill` tip me- " t' b. _?LI':i;uanL -Iiervi `.-m del a 1L111 :a Ti X1'1 hi?1; as. ?efwndan? ?°r} Lowd ? shall ha,v libe_al Le!.'- rnonti contact ?? --. th child and the child shall be permitted to initiate telephone °.o any of thern; 7. There shall be no smoking in any home when the child is present. The parties shall enforce this prohibition with respect to third parties. 8. The child shall continue to attend school in her present school district. 9. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, T. Wesley Oler; Jr., J. Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Plaintiff Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant Karen Odom Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 ?rney for Defendants 'Cheryl Cowden and Lawrence Cowden rc restim©,ny whereof, i here unto sit fny han,t; .d the seal Of said Court gt Carlislii, i l day of MZ, THOMAS H. BRIGHTBILL, PLEAS Plaintiff Vii. KAREN A. ODOM, LAWRENCE COWDEN CHERYL COWDEN Defendant(s) IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 07 - 3340 CIVIL ACTION - LAW IN CUSTODY AIFFIDAVIT OF SERVICE 1, Jerry W. Brown, Esquire, hereby certify that I served a true and correct copy of the herein Motion upon Plaintiff and Defendant Karen A. Odom, by and through their respective attorneys, by mail and/or hand delivery, and in a manner provided for by the Pennsylvania Rules of Civil Procedure, as follows: Paul Bradford Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for the Plaintiff Jessica Holtz, Esq. NlidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Attorney for the Dfendant Karen Odom Service conducted to both attorneys by hand delivery on April 21, 2008. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Ily Submitted, Jer . Brown, Esquire 46 1 outh Clearview Drive C Hill, PA 17011 (7 ) 737-9174 I. D. No.;: 65345 Attorney for Defendants Lawrence Cheryl Cowden THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF FILED BY DEFENDANTS COWDEN AND NOW, this 29th day of May, 2008, upon consideration of the "Emergency Petition for Special Relief-Temporary Order Pursuant to Pa.R.C.P. 1915.13," filed by Defendants Cheryl Cowden and Lawrence Cowden, with respect to Hannah A. Odom (d.o.b. June 23, 2001), it is ordered and directed as follows, pending further order of court: 1. Any custody arrangement directed by any Pennsylvania county children and youth agency based upon safety concerns shall supersede the terms of this court's custody order; 2. No custodian of the child shall subject her, or permit her to be subjected, to sexual abuse; 3. Defendants' petition for special relief is referred to the custody conciliation process; 4. The Court Administrator is directed to facilitate this referral and to request that the custody conciliator expedite the conference schedule; and 5. A conference with counsel in chambers of the undersigned judge is scheduled for Thursday, June 12, 2008, at 10:30 a.m., at which time it is hoped that counsel will propose the name of a custody evaluator, and manner of payment of his or her fees, for engagement in this case. r. t / ,1 f i ;j` ? /^ BY THE COURT, ? Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Plaintiff ? Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant Karen Odom '/ Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden nn l,o tESr»:R c?cL S'/3dwS r 1 THOMAS H. BRIGHTBILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KAREN A. ODOM, CHERYL COWDEN and NO. 2007-3340 CIVIL TERM LAWRENCE COWDEN, Defendants IN CUSTODY SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT Praecipe for Entry of Appearance To the Prothonotary: Enter my appearance on behalf of Thomas H. Brightbill, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Robert J. Dailey, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 Date: 5t' of June 2008 Robert k Praecipe for Withdrawal of Appearance To the Prothonotary: Withdraw 1 my appearance on behalf of Thomas H. Date: f June 2008 Paul Bradford Orr, Esquire CERTIFICATE OF SERVICE I hereby certify that on the UT" day of June, 2008, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, did serve a copy of the Substitution of Counsel Without Leave of Court by first class U.S. mail, postage prepaid, to the interested parties listed below as follows: Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 (717) 737-9175 Attorney for Maternal Grandparents Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Attorney for Mother Attorney for Father Cs : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-3340 CIVIL TERM Defendants : IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Robert J. Dailey, Esquire, counsel for the Plaintiff, Thomas H. THOMAS H. BRIGHTBILL V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Brightbill, and respectfully represents as follows: 1. A custody hearing is scheduled in this matter for June 12, 2008 at 10:30 a.m. before Judge Oler in Courtroom No. 1 of the Cumberland County Courthouse. 2. Undersigned counsel is scheduled to appear for a 10:00 a.m. hearing on June 12, 2008 at the Federal Courthouse. 3. Jerry Brown, Esquire represents the Defendants, Cheryl and Lawrence Cowden, and Jessica Holst, Esquire represents Defendant, Karen A. Odem. Counsel for all Defendants concur in the request for a continuance in this matter provided that the hearing is scheduled for the afternoon of June 12, 2008 WHEREFORE, undersigned counsel respectfully requests that this Honorable Court continue the custody hearing scheduled in this matter. Respectfully submitted, O'BRIENI. BARIC Date: 4 1 / a ()0g Robert J. Dailey, Es ire I.D. # 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on the `day of 2008, I, Roberti. Dailey, Esquire of O'Brien, Baric & Scherer did serve a copy of the Motion for Continuance by first class U.S. mail, postage prepaid, to the parry listed below, as follows: Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 C7 *'? k-I O t THOMAS H. BRIGHTBILL Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants JUN 0 9 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 2007-3340 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this day of , 2008, upon consideration of the within Motion for Continuance, the hearing set in this matter for June 12, 2008 at 10:30 a.m. is hereby continued until June 12, 2008, 2008 at'3'_ p.m. in Courtroom No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, wesl_= ?Ild /Robert J. Dailey, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 //Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 -,- Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 L! ? ?f.S /rLat t I IIWO,SNN'3cf ? 0 :E wv t 1 Nnr 80OZ THOMAS H. BRIGHTBILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3340 CIVIL ACTION LAW KAREN A. ODOM, CHERYL COWDEN AND LAWRENCE COWDEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 139 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 10, 2008 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. 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/ ac ueline M. Veme Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 07 IS'Z WJ £I r6001 THOMAS H. BRIGHTBILL : IN THE COURT OF COMMON PLEAS OF Petitioners : CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Respondents CIVIL ACTION -LAW : NO. 2007-3340 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Thomas H. Brightbill, Plaintiff, by and through his attorneys, O'BRIEN, BARIC & SCHERER, and files the within Petition for Special Relief and, in support thereof, sets forth the following: 1. Petitioner is Thomas H. Brightbill (hereinafter, "Father"), an adult individual who resides at 3081 Camp Swatara Road, Bethel, Berks County, Pennsylvania 17507. 2. Respodents are Karen Odom (hereinafter, "Mother"), an adult individual with a last known address of 124 Woods Drive, Lot 27, Mechanicsburg, Cumberland County, Pennsylvania 17050 and Lawrence and Cheryl Cowden (hereinafter, "Grandparents"), adult individuals with a last known address of 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Father and Mother are the natural parents of the child, Hannah A. Odom (hereinafter, "the child"), born June 23, 2001. 4. Grandparents are the maternal grandparents of the child. 5. The most recent Order in this matter was entered by this Court on May 14`h and in Paragraph 4(b) requires that during the summer, the parties shall share custody of the child on a five week rotating schedule, with Grandparents have custody weeks one (1) and five (5), Father having custody weeks two (2) and four (4) and Mother having custody week three (3). A copy of that Order is attached hereto and incorporated herein and marked as Exhibit "A". 6. "Summer" for the child began on or about June 6th, 2008. 7. Pursuant to the Order, Grandparents would have custody June 6th through June 13th, Father June 13th through June 20th, Mother June 20th through June 27th, Father June 27th through July 4th, Grandparents July 4th through July 11 th and then the schedule would repeat. 8. On May 28th, Grandparents filed a Petition for Special Relief. 9. On May 29th, this Court entered an Order that required all parties to continue to follow this Court's previous custody Order subject to custody arrangements directed by any Pennsylvania Children and Youth agency. 10. On June 12th, this Court met with counsel for all parties and again reiterated that this Court's previous custody Order remained in full force and effect subject to custody arrangements directed by any Pennsylvania Children and Youth agency. 11. At no time did any Pennsylvania Children and Youth agency file anything with any Pennsylvania court petitioning that Plaintiff s custody be suspended or seeking to implement any type of restricted custody arrangement. 12. On June 13th, Grandparents intentionally and willfully disobeyed this Court's repeated Order granting Father custody of the child from June 13th through June 20th. 13. Disobeying court Orders is nothing new to Grandparents. 14. On December 5, 2007, this Court ordered and mandated that the Grandparents cooperate in a home study to be performed by Kim Althouse. 15. Grandparents intentionally and willfully disobeyed this Court's Order requiring them to be subject to a home study by Ms. Althouse and as a result, this Court was forced to postpone trial on the custody matter until Grandparents would comply with this Court's Order. 16. On May 14, 2008, this Court recognized that Grandparents failed to cooperate and follow the Court's Order and this Court again ordered Grandparents to cooperate with Kim Althouse. 17. As a result of Grandparents' previous complete disregard for this Court's Orders, Father's counsel contacted Grandparents' counsel Jerry Brown Esq. early this week in an effort to obtain assurances that Grandparents would transfer custody of the child to Father on his upcoming scheduled week, June 27?' through July 4cn 18. Jerry Brown, Esq. indicated to Father's counsel that he had concerns about Father having custody of the child and failed and refused to give any assurances that his clients would provide Father with custody as required by this Court's Order. 19. By way of further information, Berks County Children and Youth and caseworker Katie Adams notified Father and Father's counsel that the allegations of sexual abuse as to Father were "unfounded", that a safety plan is unnecessary and that Berks County has no problem with Father having custody of the child. 20. In an effort to further clear his name, Father voluntarily subjected himself to a stress test performed by Berks County. That office indicated to Father and Father's counsel that Father passed the stress test that specifically targeted questions at the allegations of sexual abuse. 21. Father is tired of Grandparents' complete disregard and willful disobedience to this Court's Order. In an effort to quell those fears, Father's counsel attempted to obtain assurances from Grandparents' counsel that Grandparents would follow the Order; however, Grandparents' counsel failed and refused to give assurances and instead provided excuses as to why Grandparents concerns should supercede this Court's custody Order. 22. There is not time to hold a hearing on this Petition for Special Relief prior to Father's scheduled period of custody commencing Friday, June 27th at 4:00 p.m. 23. Grandparents' ongoing refusal to allow the child to communicate with Father continues to irreparably harm the parent-child relationship. 24. By their very own admission, Grandparents are highly unlikely to voluntarily complying with this Court's custody Order absent this special relief. 25. There is no harm in granting Father's request. Indeed, his request is simply that this Court to back its own custody Order with police powers to enforce its Order. 26. There is a significant benefit in granting Father's request in that it will allow Father and child to reestablish the parent-child bond that Grandparents have consistently refused to allow to blossom. WHEREFORE, Father respectfully requests the following relief: A. that this Court order all parties to follow the May 14th, 2008 Order of Court, B. that Father have custody of Hannah A. Odom from Friday, June 27th at 4:00 p.m. through Friday, July 4th at 4:00 p.m., C. that Grandparents have custody of Hannah A. Odom from Friday, July 4th at 4:00 p.m. through Thursday, July 10th at which time a custody conciliation is scheduled, and D. that this Order be enforceable by all authorities including the police and sheriff's department. Respectfully submitted, O'BRIEN,.BARIC & SCHERER Robert J. Vai y, sq I.D. No. 203 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Father Exhibit "A" p THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this 14'' day of May, 2008, upon consideration of Plaintiffs complaint for custody, and following an initial proceeding on December 5, 2007, an evidentiary hearing on February 27, 2008, and a further evidentiary hearing on May 8, 2008, and the parties having not yet completed their presentation of evidence, with respect to custody of Hannah A. Odom (date of birth June 23, 2001), and it appearing that Defendants Cowden have failed to cooperate in the home study procedure agreed upon and mandated by the order of court dated December 5, 2007, and referred to in the order of court dated February 27, 2008, as a result of which the home study could not be completed, it is ordered and directed as follows: 1. Defendants Cowden are directed to fully cooperate with Kim Althouse in her performance of the home study; 2. A final period of hearing in this matter is scheduled for Monday, August 4, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; 3. Pending the final period of hearing and further order of court, legal custody of the child shall be shared between Plaintiff Thomas H. Brightbill and Defendant Cheryl Cowden. These parties shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the child's general well- being including, but not limited to, all decisions regarding here health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each party 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 that of all other parties. To the extent that one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. Plaintiff Thomas H. Brightbill and Defendant Cheryl Cowden shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each of these parties shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to, medical records, birth certificate, school or educational attendance records or report cards. Additionally, each such party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Pending the final period of hearing and further order of court, physical custody of the child shall be shared among the following parties in the following manner: a. During the school year, (1) Defendant Cheryl Cowden shall have physical custody of the child during the week from Sunday at 6:30 p.m. until Friday at 4:00 p.m., and one weekend out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m.; (2) Plaintiff Thomas H. Brightbill shall have physical custody of the child for two non- consecutive weekends out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m.; and (3) Defendant Karen A. Odom shall have physical custody of the child for one weekend out of four from Friday at 4:00 p.m. until Sunday at 6:30 p.m. b. During the summer, (1) Defendant Cheryl Cowden shall have physical custody of the child for two non- consecutive weeks out of five; (2) Plaintiff Thomas H. Brightbill shall have physical custody of the child for two non- consecutive weeks out of five; (3) Defendant Karen A. Odom shall have physical custody of the child for one week out of five; and (4) the first week of the summer shall be that of Defendant Cheryl Cowden, the second week shall be that of Plaintiff Thomas H. Brightbill, the third week shall be that of Defendant Karen A. Odom, and so forth. c. Responsibility for transportation with respect to custody exchanges shall be that of the party receiving custody. d. Notwithstanding the foregoing, Defendant Cheryl Cowden shall have physical custody of the child on Christmas Day from 9:00 a.m. until 4:00 p.m. and Plaintiff Thomas H. Brightbill shall have physical custody of the child from Christmas Day at 4:00 p.m. until two days prior to the resumption of school at 6:30 p.m. 5. The child's medication shall be sent with her to the house of Plaintiff Thomas H. Brightbill and the house of Defendant Karen Odom, as the case may be, by Defendant Cheryl Cowden, with appropriate instructions. Plaintiff and Defendant Karen Odom shall administer the medication according to medical instructions. 6. Defendant Cheryl Cowden, Plaintiff Thomas H. Brightbill, and Defendant Cheryl Cowden shall have liberal telephone contact with the child and the child shall be permitted to initiate telephone calls to any of them; 7. There shall be no smoking in any home when the child is present. The parties shall enforce this prohibition with respect to third parties. 8. The child shall continue to attend school in her present school district. 9. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT,,, Wesley Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Plaintiff Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant Karen Odom Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden l.. 5 1S o P Qw- Jr., :rc EXhlbit (O(ow 0) COUNTY OF BERKS, PENNSYLVANIA Children & Youth Services Services Center, 11 th Floor Phone: 610.478.6700 633 Court Street Toll Free: 866.777.8780 Reading, PA 19601-4323 Fax: 610.478.6799 Mark C. Scott, Commissioner Chair George M. Kovarle, Executive Director Christian Y. Leinbach, Commissioner Kevin S. Barnhardt, Commissioner June 19, 2008 Thomas Brightbill 3081 Camp Swatara Rd. Bethel, PA 19507 . Dear Mr. Brightbill: This letter is to inform you that the report of suspected child abuse on Hannah Odom received by this agency on May 27, 2008 is unfounded. All material and information obtained as a result of this investigation will be held at this agency and ChildLine for one year after the date the report was received by the Department. The material and information will be destroyed within 120' days after the year has passed. There are certain exceptions. For further information you may call me at 610-478-6887.- Sincerely, 4el" Katie.Lynee Adam Caseworker Dedicated to public service with integrity, virtue & excellence s www.co.berks.pa.us VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert J. Dailey, Esquire, Attorney for Father/Petitioner, and is based upon the statements provided by Father, as well as statements made to Father's counsel by the Berks County Children and Youth Agency and the Berks County Detectives Office. Father is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unworn falsifications to authorities. Robert J. D e , Esquire Attorney f r Fa her Dated: June 25th, 2008 CERTIFICATE OF SERVICE I hereby certify that on the 25th day of June, 2008, 1, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, did serve a copy of the Petition for Special Relief by first class U.S. mail, postage prepaid, to the interested parties listed below as follows: Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 (717) 737-9175 Attorney for Maternal Grandparents Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Attorney for Mother -cc O r.7 i ,3 THOMAS H. BRIGHTBILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KAREN A. ODOM, CHERYL COWDEN and NO. 2007-3340 CIVIL TERM LAWRENCE COWDEN, Defendants IN CUSTODY RELATED MATTERS This custody case has previously been presided over by the Honorable Judge J. Wesley Oler, Jr. THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this 26 h day of June, 2008, upon consideration of the Petition for Special Relief filed on behalf of Plaintiff, Thomas H. Brightbill, in the above-captioned case on June 25, 2008, and it appearing that Plaintiff is requesting that the court direct that Defendants Cowden comply with an existing order, the Petition for Special Relief is denied as superfluous, without prejudice to Plaintiff's right to file a petition for contempt based upon any alleged failure of Defendants Cowden to comply with the order. ZRobert J. Dailey, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff 'Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Defendant Karen A. Odom BY THE COURT, i z =oi wv qz wr ow ?Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden 126p i'E S m ?£cL X12 ??v8 y ?... _u 17 20 THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3340 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this _??y of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Custody hearing scheduled for August 4, 2008 is hereby postponed. 2. The prior Orders of Court are hereby vacated insomuch as they conflict with the following: 3. The Father, Thomas H. Brightbill, the Mother, Karen A. Odom, and maternal grandmother, Cheryl Cowden shall have shared legal custody of Hannah A. Odom, born June 23, 2001. Each party shall have an equal right, to be exercised jointly with the other party, 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 party 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 the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other parties. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall continue to attend school from Grandmother's home. 4. During the summer, Father and Grandmother shall have 2 non-consecutive weeks out of 5 and Mother shall have one week out of five. The exchange day and time shall be Fridays at 4:00 p.m. The following is the schedule: CC) July 11-18,2008-Grandmother July 18-25, 2008-Father July 25-August 1, 2008-Mother August 1-8, 2008-Grandmother August 8-15, 2008-Father August 15-22, 2008-Grandmother August 22-29, 2008-Father Once school begins, the child shall be in the primary physical custody of Grandmother and the previous alternating weekend schedule shall continue, i.e. Father having alternating weekends, Friday to Sunday and Mother and Grandmother having one weekend out of four. 5. The parties shall cooperate with a custody evaluation by Casey Shienvold. It is understood that Kasey Shienvold will perform the custody evaluation at a reduced cost not to exceed $3500.00. Father shall be responsible for one-half of the cost of the evaluation and Cumberland County shall be responsible for one-half, not to exceed $1750.00. The parties shall sign releases for Cumberland County and Berks County Children & Youth Services to provide information to the custody evaluator. 6. The parties shall have liberal telephone contact with the child. The child may call the non-custodial party at 8:00 p.m. every night and such other times as she wishes. No adult may interfere with the child's conversation or ability to call 7. No party may do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. Each party is responsible for strictly enforcing this provision as to third parties as well. No party may leave the child in the car alone. 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. Any party may schedule another Custody Conciliation Conference once the custody evaluation is complete. BY THE COURT, 1 A. 41 / resley Oler, J ., J. 3e?rry bert J. Dailey, Esquire, Counseica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother Brown, Esquire, Counsel for maternal Grandmother (20P I F-S mar I W_ ,ice THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3340 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Hannah A. Odom June 23, 2001 Mother, Father, maternal grandmother 2. A Conciliation Conference was held in this matter on July 10, 2008, with the following in attendance: The Father, Thomas H. Brightbill, with his counsel, Robert J. Dailey, Esquire, the Mother, Karen A. Odom, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services and maternal grandmother, Cheryl Cowden, with her counsel, Jerry Brown, Esquire. (Grandfather is deceased.) 3. Recent Orders of Court, entered by the Honorable J. Wesley Oler, Jr. are dated June 26, 2008, May 29, 2008, May 14, 2008, February 18, 2008, December 5, 2007 and June 29, 2007. The parents and the maternal grandparents share legal custody of the child. Prior to recent events, the maternal grandparents, Cheryl and Lawrence Cowden had primary physical custody during the school year, with the Father having 2 non- consecutive weekends and Mother and Grandparents having one weekend out of four. Currently there is a summer schedule wherein Grandmother and Father have 2 non- consecutive weeks out of five and Mother has one week out of five. 4. The parties agreed to an Order in the form as attached.. 7- IG -D ? /4, Date Jac Vele inM. Verney, Esquire Custody Conciliator THOMAS H. BRIGHTBILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KAREN A. ODOM and CHERYL COWDEN NO. 2007-3340 CIVIL TERM Defendants IN CUSTODY Substitution of Counsel / Chanize in Address Without Leave of Court (Rule 1012(b)(2)(ii)) Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of Thomas H. Brightbill, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdaileykgerberlawoffice.com Date: 29`h of August, 2008 Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of Thomas H. Brightbill, Plaintiff. Date: 29`h of August, 2008 O'Brien, Baric & Scherer -) &? I Robert J. Dail Esquire CERTIFICATE OF SERVICE I hereby certify that on the day of Of O'Brien, Banc & Scherer, ?2008, I, Andrea M. Barrick, did serve a copy of the Substitution of Co Without Leave of Co unsel/Change of Address urt (Rule 1012(b)(2)(ii)), by first class U.S. mail, Postage party listed below, as follows: prepaid, to the Jessica C.D. Hoist, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, Pennsylvania 17013 Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, Pennsylvania 17011 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Andrea M. arrick + co . THOMAS H. BRIGHTBILL, Petitioner V. KAREN A. ODOM and CHERYL COWDEN, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 2007-3340 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes Thomas H. Brightbill, Plaintiff, by and through his attorneys, GERBER & ASSOCIATES, and files the within Petition for Contempt and, in support thereof, sets forth the following: 1. Petitioner is Thomas H. Brightbill (hereinafter, "Father"), an adult individual who resides at 3081Camp Swatara Road, Bethel, Berks County, Pennsylvania 17507. 2. Respondents are Karen Odom (hereinafter, "Mother"), an adult individual with a last known address of 124 Woods Drive, Lot 27, Mechanicsburg, Cumberland County, Pennsylvania 17050 and Cheryl Cowden (hereinafter, "Grandparent"), an adult individual with a last known address of 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Father and Mother are the natural parents of the child, Hannah A. Odom (hereinafter, "the child"), born June 23, 2001. 4. Grandparent is the maternal grandparent of the child. 5. On June 12, 2008, counsel for all parties met with the Honorable J. Wesley Oler, Jr. in chambers and discussed the possibility of employing Kasey Shienvold, Psy.D as a custody evaluator in the above-captioned matter because of the ongoing and continuous litigation associated with this custody matter. 6. On July 16, 2008, counsel for all parties met with Jacqueline M. Verney, Esquire - custody conciliator in the above-captioned matter - and agreed to undergo a custody evaluation performed by Mr. Shienvold. See Exhibit "A". 7. On July 18, 2008, this Court ordered and mandated the following in paragraph five (5) if its Order: The parties shall cooperate with a custody evaluation by Kasey Shienvold. It is understood that Kasey Shienvold will perform the custody evaluation at a reduced cost not to exceed $3,500.00. Father will be responsible for one-half, not to exceed $1,750.00. The parties shall sign releases for Cumberland County and Berks County Children & Youth Services to provide information to the custody evaluator. See Exhibit "B". 8. Thereafter, Father paid the necessary $1,750.00 to Mr. Shienvold in order for him to complete a custody evaluation for all parties and any significant others that the child would be exposed to while in that party's custody. 9. On November 14, 2008, Father completed all interviews, psychological tests, and home visits. 10. On January 7, 2009, Mr. Shienvold sent out a letter to counsel for all parties indicating that Father had completed his portion of the exam, Grandmother had not completed her psychological test, and that Mother and her significant other had not completed any of their testing. See Exhibit "C". 11. On January 8, 2009, counsel for Father sent a letter to counsel for Grandmother and Mother indicating past refusals to cooperate with similar studies and threatening to file a petition with the court in the event the parties do not come into compliance with the Court's Order to cooperate with the custody evaluation. See Exhibit "D". 12. Later that week, counsel for Father spoke with counsel for Grandmother and Mother to ensure that they were aware of my letter and concerns. 13. On February 26, 2009, counsel for Father wrote a letter to Mr. Shienvold to ensure that all parties had come into compliance with the Court's Order to cooperate with the custody evaluation. See Exhibit "E". 14. On February 27, 2009, Mr. Shienvold drafted a letter to counsel for all parties indicating that while Grandmother had completed her testing, Mother and her significant other had not completed their psychological testing. See Exhibit "F". 15. Mother has been notified of her duty to undergo testing by the following correspondence: a. Order of Court dated July 1801, 2008; b. Riegler, Shienvold & Associates letter dated January 7, 2009; C. Attorney Dailey letter dated January 8, 2009; d. Riegler, Shienvold & Associates letter dated February 27, 2009; and e. Correspondence between Mother and her counsel, Jessica Holst, Esq. 16. Despite these notifications and reminders, Mother has refused to comply with this Court's Order to cooperate with the evaluation. 17. Father has taken all necessary and reasonable efforts in order to provide Mother with opportunities to comply and to avoid having to file this Petition for Contempt, including threatening this petition absent compliance. WHEREFORE, Father respectfully requests the following relief: a. that this Court find Mother in contempt for failing to abide by this Court's July 18, 2008 Order mandating that the parties cooperate with a custody evaluation by Kasey Shienvold; b. that this Court order Mother to pay $500 plus the costs of this Petition to Father for the counsel fees associated with previous correspondence and this Petition; and c. that this Court order Mother to complete her evaluation by the end of March 2009 or face further sanctions of $100 per week after March for each week that Mother thereafter fails and refuses to cooperate in completing this evaluation with Mr. Shienvold. Respectfully submitted, GERBER & Robert J. Daile I.D. No. 20341 46 East Main 9 Palmyra, PA 1747S/ (717) 838-5411 Attorney for Petitioner EXHIBIT "A" THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3340 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Hannah A. Odom June 23, 2001 Mother, Father, maternal grandmother 2. A Conciliation Conference was held in this matter on July 10, 2008, with the following in attendance: The Father, Thomas H. Brightbill, with his counsel, Robert J. Dailey, Esquire, the Mother, Karen A. Odom, with her counsel, Jessica. Holst Esquire, MidPenn Legal Services and maternal grandmother, Cheryl Cowden, with her counsel, Jerry Brown, Esquire. (Grandfather is deceased.) 3. Recent Orders of Court, entered by the Honorable J. Wesley Oiler, Jr. are dated June 26, 2008, May 29, 2008, May 14, 2008, February 18, 2008, December 5, 2007 and June 29, 2007. The parents and the maternal grandparents share legal custody of the child. Prior to recent events, the maternal grandparents, Cheryl and Lawrence Cowden had primary physical custody during the school year, with the Father having 2 non- consecutive weekends and Mother and Grandparents having one weekend out of four. Currently there is a summer schedule wherein Grandmother and Father have 2 non- consecutive weeks out of five and Mother has one week out of five. 4. The parties agreed to an Order in the form as attached. 7-14 O& /4,? Date J line M. Verney, Esquire Custody Conciliator ?? ? ?? EXHIBIT "B" ?'l!L' i 7 200. THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.2007 3340 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this --L `2lay of _x" 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Custody hearing scheduled for August 4, 2008 is hereby postponed. 2. The prior Orders of Court are hereby vacated insomuch as they conflict with the following: 3. The Father, Thomas H. Brightbill, the Mother, Karen A. Odom, and maternal grandmother, Cheryl Cowden shall have shared legal custody of Hannah A. Odom, bornJune 23, 2001. Each party shall have an equal right, to be exercised jointly with the other party, 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 party 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 the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other parties. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall continue to attend school from Grandmother's home. 4. During the summer, Father and Grandmother shall have 2 non*consecutive weeks out of 5 and Mother shall have one week out of five. The exchange day and time shall be Fridays at 4:00 p.m. The following is the schedule: July 11-18, 2008-Grandmother July 18-25, 2008-Father July 25-August 1, 2008-Mother August 1-8,2008-Grandmother August 8-15, 2008-Father August 15-22,2008-Grandmother August 22-29, 2008-Father Once school begins, the child shall be in the primary physical custody of Grandmother and the previous alternating weekend schedule shall continue, i.e. Father having alternating weekends, Friday to Sunday and Mother and Grandmother' having one weekend out of four. 5. The parties shall cooperate with a custody evaluation by Case} Shienvold. It is understood that Kasey Shienvold will perform the custody evaluation at a reduced cost not to exceed $3500.00. Father shall be responsible for one-half of the cost of the evaluation and Cumberland County shall be responsible for one-half, not to exceed $1750.00. The parties shall sign releases for Cumberland County and Berks (County Children & Youth Services to provide information to the custody evaluator. 6. The parties shall have liberal telephone contact with the child. The child may call the non-custodial party at 8:00 p.m. every night and such other times as she wishes. No adult may interfere with the child's conversation or ability to call 7. No party may do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the flee and natural development of the child's love or affection for the other party. Each party is responsible for strictly enforcing this provision as to third parties as well. 8. No party may leave the child in the car alone. 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. Any party may schedule another Custody Conciliation Conference once the custody evaluation is complete. BY THE COURT, ?-_ Oler, J ., J. rrFather bert J. Dailey, Esquire, Counseica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother ,ferry 3Brown, Esquire, Counsel for maternal Grandmother 120P its rrWI&J- "7/f 0166 EXHIBIT "C" Riegler • Shienvold & Associates January 7, 2009 Robert J. Dailey, Esquire 46 E. Main Street Palmyra, PA 17078 Jerry Brown, Esquire 4601 S. Clearview Drive Camp Hill, PA 17011 Jessica Holst, Esquire 401 E. Louther Street Suite 103 Carlisle, PA 17013 Re: Brightbill v. Odom v. Cowden Dear Attorneys, The purpose of this letter is to update you on the status of this case. Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW John Sivley, LCSW, CAC Janet Frankel Staub, LCSW, QCSW As of this date, Tom Brightbill has completed all of the interviews, psychological testing and a home visit was performed on November 14, 2008. No further appointments are needed at this time. Cheryl Cowden has not completed any of the psychological testing. Cheryl's home visit was conducted on November 14, 2008. Karen Odom needs to finish the MMPI-2 testing, reschedule her home visit that she cancelled on ---November 4 -, 2008-aud-her significant then, Mich-el; needs to schedule an appointment with Dr. Shienvold. My records indicate that Michael had an appointment on October 14, 2008 that was cancelled but not rescheduled. Please advise your clients to contact me to schedule the outstanding appointments needed to complete this evaluation. If you have any questions regarding this information, please feel free to contact me. Sincerely, Susan Smith Riegler, Shienvold & Associates 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 www.rieglershienvold.com EXHIBIT "D" January 8, 2009 Jerry Brown, Esquire 4601 S. Clearview Drive Camp Hill, PA 17011 Jessica Holst, Esquire 401 E. Louther Street Suite 103 Carlisle, PA 17013 Kasey Shienvold, Psy.D 2151 Linglestown Road Suite 200 Harrisburg, PA 17110 RE: Brightbill v. Cowden v. Odom Dear Attorney Brown & Attorney Holst: On January 7, 20091 received a letter from Riegler, Shienvold & Associates stating that neither Cheryl nor Karen has completed the Custody Evaluation ordered by the Court. You may recall that Ms. Cowden refused to cooperate in a previous home study performed by Ms. Kim Althouse and as a result, our custody trial was postponed on two separate occasions. This continued pattern of delay is unacceptable. Therefore, unless I receive notification from Riegler & Shienvold that both Karen and Cheryl have come into compliance I will be filing a motion to enforce with the Court. I will give you one week to make all necessary arrangements with Mr. Shienvold and if by Friday, January 16, 2009 such arrangements have not been made, I will file my Motion with a request for attorneys' fees and costs. Very truly yours, GERBER & ASSOCIATES Robert J. Dailej, RID/rsp Enclosure: Riegler & Shienvold letter EXHIBIT "E" Ca LAW OFFICE OF GerberTanner & ASSOCIATES February 26, 2009 VIA US MAIL & FACSIMILE (717) 540-1416 Riegler, Shienvold & Associates 2151 Linglestown Road Suite 200 Harrisburg, PA 17110 RE: Brightbill v. Odom v. Cowden Case No. 2007-3340 In Custody Dear Ms. Susan Smith: Daryl J. Gerber Megan E. Ryland-Tanner Shawn 1. Jayman 46 East Main Street Palmyra, PA 17078 P 717-838-5411 F 717-838-3047 www.gerberlawoffice.com Thank you for your letter dated January 7, 2009 updating me on the progress or lack thereof by the parties in the above captioned custody matter. After receiving your letter, I contacted counsel for Ms. Odom and Ms. Cowden by telephone and letter dated January 8, 2009 advising them that if they fail to come into compliance with Mr. Shienvold's examination process, I would be filing a Petition for Contempt with Court and asking for attorney's fees. Please call or preferably write me indicating the status of Ms. Cheryl Cowden, Karen Odom, and her significant other, Michael as you had done in your January 7, 2009 letter. Thank you in advance for you timely response. DJG/rsp Cc: Jerry Brown, Esquire Jessica Holst, Esquire file Very truly yours, GERBER & ASS TES EXHIBIT "F" Riegler • Shienvold & Associates February 27, 2009 Robert J. Dailey, Esquire 46 E. Main Street Palmyra, PA 17078 Jerry Brown, Esquire 4601 S. Clearview Drive Camp Hill, PA 17011 Jessica Holst, Esquire 401 E. Louther Street Suite 103 Carlisle, PA 17013 Re: Brightbill v. Odom v. Cowden Dear Attorneys, The purpose of this letter is to update you on the status of this case. Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Tracy Richards, ACSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW John Sivley, LCSW, CAC Janet Frankel Staub, LCSW, QCSW As stated previously, Tom Brightbill had completed his portion of the evaluation as of November 14, 2008. Cheryl Cowden completed her psychological testing on January 19, 2009 and has completed her portion of the evaluation. Karen Odom has not completed her psychological testing and her significant other, Michael, has not contacted me to schedule an appointment with Dr. Kasey Shienvoid or to complete testing. Karen's home visit was scheduled this afternoon and to the best of my knowledge did take place. If you have any questions regarding this information, please feel free to contact me. Sincerely, Susan Smith Administrative Assistant Dr. Kasey Shienvold 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 www.rieglershienvold.com SC0119 tmp .) 2.9 • (717) 540-131 -1416 VERIFICATION I, Thomas H. Brightbill, verify that the statements made in the foregoing Petition for Contempt are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 3.3 ' QS OhLct,4 C'I? L /\ Thomas H. Brightbill Petitioner CERTIFICATE OF SERVICE I hereby certify that on the ? day of March, 2009, I, Robert J. Dailey, Esquire, of GERBER & ASSOCIATES, did serve a copy of the Petition for Contempt by first class U.S. mail, postage prepaid, to the interested parties listed below as follows: Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 (717) 737-9175 Attorney for Maternal Grandparent Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Attorney for Mother Robert J. Dai Attorney for * Jt- o° #,z :, rIl Ab l THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants NO. 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2009, upon consideration of the Plaintiff's Petition for Contempt, a hearing is scheduled for Wednesday, May 6, 2009, at 1:30 p.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ,//Robert J. Dailey, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff ?Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Defendant Karen A. Odom Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden lip &;q-s f-na ( &L BY THE COURT, ? r? ?/ r i ??if ?, ? j',1 r t? ??? ?v THOMAS H. BRIGHTBILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW KAREN A. ODOM, CHERYL COWDEN and NO, 2007-3340 CIVIL TERM LAWRENCE COWDEN, Defendants IN CUSTODY MOTION TO WITHDRAW PETITION FOR CONTEMPT AND NOW, comes Thomas H. Brightbill, Plaintiff, by and through his attorneys, Gerber & Associates, and files the within Motion to Withdraw Petition for Contempt and, in support thereof, sets forth the following: 1. On March 5, 2009, Plaintiff to the above-captioned docket number filed a Petition for Contempt against Defendant, Karen A. Odom, for failure to abide by a July 18, 2008 Order of Court requiring all partied to the above-captioned docket number to cooperate with a custody evaluation by Kasey Shienvold. 2. On March 11, 2009, this honorable Court entered an Order scheduling a hearing for Wednesday, May 6, 2009 at 1:30 PM in courtroom number 1, Cumberland County Courthouse, Carlisle, Pennsylvania on Plaintiff's Petition for Contempt. 3. On March 25, 2009, counsel for all of the above-captioned parties received a letter from Riegler, Shienvold and Associates indicating that Defendant Odom had come into compliance with the Court's July 2008 Order in that she and her significant other had completed psychological testing as well as a home visit. 4. Despite Plaintiff's belief that Defendant Odom has in fact violated the July 2008 Court Order for failure to cooperate with Mr. Shievold's custody evaluation, Plaintiff recognizes that a hearing on the matter would not move the interests of this custody case forward and therefore requests that the hearing scheduled for Wednesday, May 6, 2009 at 1:30 PM be canceled. 5. Counsel for Plaintiff has contacted and received the concurrence of counsel for Defendant in this matter. WHEREFORE, Petitioner respectfully requests that the Petition for Contempt be withdrawn and the hearing scheduled for May 6, 2009 be canceled. Respectfully submitted, GERBER Robert J. Dailey, I.D. No. 203418 46 East Main Str8el Palmyra, PA 17078 (717) 838-5411 Attorney for Plaintiff THOMAS H. BRIGHTBILL Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-3340 CIVIL TERM IN CUSTODY VERIFICATION 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. §4904, relating to unworn falsification to authorities. Dated: 4/30 THOMAS H. BRIGHTBILL Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-3340 IN CUSTODY Defendants CERTIFICATE OF SERVICE CIVIL TERM I, Robert J. Dailey, Esquire, for the Law Office of Gerber & Associates, hereby certify on the day of April, 2009, a true and correct copy of the Motion to Withdraw Petition .for Contempt of was sent by U.S. First Class Mail, addressed as follows: Jessica Holst, Esquire Jerry Brown, Esquire 401 E. Louther Street 4601 S. Clearview Drive Suite 103 Camp Hill, PA 17011 Carlisle, PA 17013 Robes t J. Dailey, Esq'6 GERBER & ASSOCIA' 46 East Main Street Palmyra, PA 17078 (717) 838-5411 FILED-01-T;CE OF THE 2009 MAY -4 PM 2* 30 i . 41 MAY 0 5 2009h THOMAS H. BRIGHTBILL Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 2007-3340 CIVIL TERM Defendants : IN CUSTODY ORDER AND NOW, this day of , 2009 upon consideration of Plaintiffs Motion to Withdraw Petition for Contempt, it is hereby ORDERED that Plaintiffs Motion to Withdraw the Petition for Contempt is granted, Plaintiffs Petition for Contempt is withdrawn, and the hearing on Plaintiffs Petition for Contempt scheduled for May 6, 2009 at 1:30 PM in Courtroom number 1 of the Cumberland County Courthouse is canceled. BY THE COURT 91: I I WV 9- Avwfio0Z 3Hi 3i 3,12'4 Hlgll IETILES\Chents\13501 BrightbilP13501.1.pral Revised: 7/1/09 3:IIPM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Thomas H. Brightbill THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3340 CIVIL ACTION - LAW KAREN A. ODOM, PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND: Kindly withdraw the appearance ofRobert J. Dailey, Esquire, of GERBER & ASSOCIATES on behalf of Plaintiff in the above-captioned matter. GERBER & By o.,r -? I51o1 Robert J. LKiley, sou 46 East Main Str et Palmyra, PA 170 (717) 838-5411 Attorneys for Plaintiff Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above-captioned matter. Date: -?ivjo Defendant : IN CUSTODY MARTSON LAW OFFICES By Je if L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert J. Dailey, Esquire GERBER & ASSOCIATES 46 East Main Street Palmyra, PA 17078 Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES rBv ri is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 10, 2009 RLEI wit"' eu1.. DF THE PF N aiARY 2009 JUIL 10 PH 12= 3 5 CUs _ _..??ITY r? + THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants NO. 07-3340 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 14'' day of July, 2009, upon consideration of the attached letter from Jennifer L. Spears, Esq., attorney for Plaintiff, a hearing is scheduled for Monday, November 9, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Xennifer L. Spears, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff essica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Defendant Karen A. Odom BY THE COURT, I J. fikesley Oler„ J ., J. RLED-40,,-"?-1t"E OF THE PRO" -°C'NOTARY 2009 JUL 15 PIN 3: 22 rry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden Fr.FILES',Chentss13501 Brightbi0\13501.Lmotitde Revised. 9/14/09 4:17PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Thomas H. Brightbill THOMAS H. BRIGHTBILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM, CHERYL COWDEN, and LAWRENCE COWDEN, Defendant NO. 07-3340 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S MOTION FOR TESTIMONY BY TELEPHONE OF EXPERT WITNESS AND NOW, comes the Plaintiff, Thomas H. Brightbill, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and seeks confirmation by the Court as follows: 1. Plaintiff is Thomas J. Brightbill. He is the father of the child in this custody matter. 2. Defendant, Karen Odom, is the mother of the child in this custody matter. 3. Defendants, Cheryl Cowden and Lawrence Cowden, are the maternal grandparents of the child in this custody matter. 4. A hearing is scheduled by the Honorable J. Wesley Oler, Jr., on November 9, 2009, concerning Father's request for primary custody of Hannah. 5. Kasey Sheinvold, Psy.D., completed a custody evaluation of Hannah and is testifying on Father's behalf at the November 9, 2009, hearing; however, Dr. Shienvold has requested to testify via telephone as he and his wife are anticipating the birth of their twins during that week. 6. Jessica Holst, Esquire, attorney for Mother, Karen Odom, does not object to this request. A copy of her letter dated July 27, 2009, is attached hereto as Exhibit "A." 7. Jerry W. Brown, Esquire, attorney for Cheryl and Lawrence Cowden, has not responded one way or the other at this time except to say that he sometimes has trouble hearing a person on speaker phone. Mr. Brown was going to contact the Court to resolve his concerns; however, Plaintiff's counsel has not received any further response from Mr. Brown. See Exhibit «B 8. Judge Oler has signed prior Orders in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to approve Plaintiff s request for Kasey Sheinvold, Psy.D., to testify via telephone during the November 9, 2009, hearing. MARTSON LAW OFFICES By Jennifer 9ears, Esquire 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Date: September 15, 2009 Attorneys for Plaintiff r if, 0 MidPenn Legal Services 401 E. Louther Street, Suite 103, Carlisle, PA 17013 717-243-9400 FAX 717-243-8026 Toll-Free 800-822-5288 www.midpenn.org July 27, 2009 Jennifer L. Spears Martson Law Offices 10 E. High Street Carlisle, PA 17013 Re: Brightbill v. Odom and Cowden No. 07-3340 Civil Term Custody Dear Ms. Spears: In response to your correspondence dated July 24, 2009, Jessica Holst, Esquire and Ms. Karen Odom do not have any objection to Dr. Shienvold testifying via telephone during the morning of the November 9th hearing. Should you have any further concerns, please do not hesitate to contact our office. Sincerely, Noemi V. Lopez Legal Intern cc: Karen Odom File LSC EXHIBIT "A" 0 9 Jerry W. Brown, Esquire Attorney and Counselor at Law 4601 South Clearview Drive Camp Hill, Pennsylvania 17011 (717) 737-9174 July 30, 2009 Jennifer L. Spears, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Re: Brightbill v. Odom & Cowden (No.: 07-3340 Civil) Testimony of Dr. Sheinvold Dear Attorney Spears / Attorney Holst: I am writing in response to your inquiry, Of July 24th, concerning the possibility of Dr. Sheinvold testifying by phone during the November custody hearing. I am still considering this request. While I fully understand Dr. Sheinvold's wishing to testify in this manner given the pending arrival of their twins, it is also true that I have some difficulty hearing individuals speaking on the phone. This holds true even when the person is on speaker phone, as would be the case here. I will contact the court in the near future to, hopefully, resolve my concerns. If resolved favorably, I would be happy to extend the courtesy to Dr. Sheinvold. Please feel free to call if you have any questions. S cerely, c_ J , WVBrown, sq. EXHIBIT "B" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 15, 2009 FILKI -' r 0 TNcx" TRY 2009 SEP 15 Am 9: ' 3 .? w f THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3340 CIVIL ACTION - LAW KAREN A. ODOM and CHERYL COWDEN, : IN CUSTODY Defendants ORDER OF COURT AND NOW, this 14th day of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Uacq line M. Verney, Esquire, C ody Conciliator OF THE F ^f-,...-,r,?')TARY 2009 SEP 15 AM 5: 2 Li UNiY THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR TESTIMONY BY TELEPHONE OF EXPERT WITNESS ORDER OF COURT AND NOW, this 17`h day of September, 2009, upon consideration of Plaintiff's Motion for Testimony by Telephone of Expert Witness, a Rule is hereby issued upon Defendants Cheryl Cowden and Lawrence Cowden to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, ? Jennifer L. Spears Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Defendant Karen A. Odom J. ,^ r IL ZL?. J,: esley Ol Jr., J - Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden and Lawrence Cowden if?S YYL`dllr GL FILED ,C)," 10E OF 'UHF 2009 S E P 17 F °i 0 3 THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM, No.: 07 - 3340 CIVIL ACTION - LAW CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN CUSTODY ANSWER IN RE: PLAINTIFF'S MOTION FOR TESTIMONY BY TELEPHONE OF EXPERT WITNESS / RULE TO SHOW CAUSE AND NOW, this 3& day of September, 2009, comes Defendant's CHERYL COWDEN, and LAWRENCE COWDEN, by and through their attorney, Jerry W. Brown, Esq., to bring the following Answer, averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. Denied in part. Kasey Sheinvold, Psy.D. did complete a court- ordered custody evaluation of the child at issue, Hannah Odom. Denied in part insomuch as Defendant does not have personal knowledge as to the anticipated birth of Doctor Sheinvold's twins, although Defendants have no reason to doubt that this is true. 6. Admitted. 7. Admitted. Attorney Brown does have some difficulty readily hearing and understanding individuals on the telephone. I ANSWER IN RESPONSE TO RULE TO SHOW CAUSE 8. Attorney Brown remains unconvinced that he will be able to adequately hear and comprehend Dr. Sheinvold's testimony in a manner that would allow him to effectively represent Defendant, Cheryl Cowden. 9. Attorney Brown also firmly believes that not having Dr. Sheinvold present in the court room would deny him the ability to observe Dr. Sheinvold's body language, expressions and overall reactions to questioning, thereby causing a serious risk to Attorney Brown's being able to effectively ascertain information necessary to ensure a just outcome in this matter. 10. While it is true that the other parties in this matter would also be denied those same observations, the fact remains that Defendant Cheryl Cowden does not agree with many of Dr.Sheinvold's observations and conclusions, including but not limited to his ultimate conclusion regarding placement of custody. In contrast, it would appear that Plaintiff would agree with said evaluation. Defendant also has concerns regarding certain facts that she believes are missing from Dr. Sheinvold's report. Denying Defendant the opportunity to thoroughly and effectively explore these and other issues by denying her attorney the opportunity to use all of the available tools normally used in examination and cross examination to illicit an accurate rendering of the facts necessary for a proper determination would be unduly prejudicial toward the Defendant. 11. While Defendant Cheryl Cowden and Attorney Brown are both sympathetic to Dr. Sheinvold's situation, it nonetheless remains absolutely necessary that Dr. r Sheinvold is physically present in court in order to ensure that Defendant Cheryl Cowden's rights are protected and, more importantly, the best interests of Hannah Odom are properly ascertained. 12. If necessary, Defendant would not object to a brief continuance of this matter, past November 9"', in order to ensure that Dr. Sheinvold is present for the birth of his twins and is physically present in court for the hearing. 13. Dr. Sheinvold will not be unduly burdened by appearing in person for the hearing and his presence should be required. WHEREFORE, Defendant respectfully requests that Plaintiff's Motion for Testimony By Telephone of Expert Witness be denied WHEREFORE, Defendant respectfully requests that Dr. Sheinvold be ordered to physically appear at hearing in the above matter. Submitted, Verr*(d: Brown, Esq. 4601 South Clearview Drive Camp Hill, PA 17011 '(717) 737-9174 ID No.: 65345 Attorney for the Defendant(s) VERIFICATION I verify that the statements made in this Answer 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. §4901 relating to unswom falsification to authorities. LU- L Lq, (- ,, - ?- 66 ? ? Date: Cheryl Cowden, Defendant ATTORNEY VERIFICATION I verify that the statements made in this Answer regarding issues concerning the specialized knowledge, information and belief that I possess as a practicing attorney are true and correct. I understand that false stat herein are made subject to the penalties of 18 Pa. C.S. §4901 relating to uns*orr? falsification to authorities. Date: F TILESTfients` 13501 BrightbU 13501. Lpetitiowde Revised: 10'9%09 9:56AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Thomas H. Brightbill THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3340 CIVIL ACTION - LAW KAREN A. ODOM and CHERYL COWDEN, Defendants IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Thomas Brightbill, by and through his attorneys, MARTSON LAW OFFICES and avers as follows: 1. Petitioner filed a Motion for Testimony by Telephone of Expert Witness on September 15, 2009, requesting that the Court allow Dr. Kasey Shienvold, at his request, to testify by telephone at the hearing scheduled for November 9, 2009. 2. A Rule was issued on September 17, 2009 3. By correspondence dated September 21, 2009, Petitioner served Respondents with the Rule. 4. By letter dated, July 27, 2009, Respondent Karen Odom advised that she did not object with the testimony of Petitioner's expert by telephone. 5. On or about October 1, 2009, Respondent Cheryl Cowden filed an Answer to Petitioner's Motion objecting to phone testimony by Dr. Shienvold. 6. Petitioner submits that Dr. Shienvold is well known to the Court, and his evaluation was ordered by this Court. 7. Petitioner does not request a continuance as he has waited several months for the hearing and wishes to avoid any further delays. 8. Petitioner believes the Court's familiarity with Dr. Shienvold, coupled with the legitimacy of the reasons for the request, outweigh Defendant Cowden's objections to phone testimony. WHEREFORE, Petitioner prays this Honorable Court to enter an Order approving his request and allow Dr. Shienvold to testify by phone at the November 9, 2009, hearing. MARTSON LAW OFFICES By_ Mrini r . Spears, Esquire 10 East igh Street Carlisle, PA 17013 (717) 243-3341 Date: October 9, 2009 Attorneys for Petitioner/Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jerry Brown, Esquire 4601 South Clearview Drive Camp Hill, PA 17011 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 MARTSON LAW OFFICES Y P I A 16 A2?&'d 'q Tricia D. Ec enroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 9, 2009 Or T" Er )r r?TAAY 2GO3 OCT -9 PH 2: 43 CUM:1,. 'Y pE: THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR TESTIMONY BY TELEPHONE OF EXPERT WITNESS ORDER OF COURT AND NOW, this 9t' day of October, 2009, upon consideration of Plaintiffs Motion for Testimony by Telephone of Expert Witness, and of Defendant Cheryl Cowden's Answer, Plaintiffs motion is denied. Provided, that upon motion of Plaintiff for a continuance of the hearing scheduled for November 9, 2009, to accommodate Dr. Sheinvold's needs, a continuance will be granted. J ennifer L. Spears, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff ,/essica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Defendant Karen A. Odom 1 4 BY THE COURT, "r W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendants Cheryl Cowden ?/ OF THE P;.p`?-?°1-1N!0TA? 2QG9 OCT 12 PM 2. 11 lied THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KAREN A. ODOM, CHERYL COWDEN and LAWRENCE COWDEN NO. 07-3340 CIVIL ORDER OF COURT AND NOW, this 9th day of November, 2009, upon consideration of Plaintiff's complaint for custody and following a final period of hearing held on this date, the record is declared closed and the matter is taken under advisement. Ziennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013-3015 For the Plaintiff erry 4601 Camp For t Mhana Mid P 401 L Suite Carli pcb W. Brown, Esquire South Clearview Drive Hill, PA 17011 he Defendant Walter, Esquire enn Legal Services outher St. 101 sle, PA 17013 II., tho (`niirt T ? _t f ? .. I THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM IN RE: CUSTODY COMPLAINT BEFORE OLER, J. ORDER OF COURT AND NOW, this 23rd day of November, 2009, upon consideration of Plaintiff's Complaint for Custody, Defendant Karen A. Odom's Petition for Modification, and the Emergency Petition for Special Relief-Temporary Order Pursuant to Pa.R.C.P. 1915.13 filed by Defendant Cheryl Cowden et al.," with respect to Hannah A. Odom (d.o.b. June 23, 2001), whose parents are Plaintiff Thomas H. Brightbill and Defendant Karen A. Odom, and whose maternal grandmother is Defendant Cheryl Cowden, and Defendant Karen A. Odom having indicated that she is not requesting primary physical custody of the child, and following a hearing held on February 27, 2008, May 8, 2008, and November 9, 2009, and based upon the court's conclusion as to the best interest of the child at this time, it is ordered and directed as follows, effective at the end of the 2009- 2010 school year: 1. All prior custody orders are vacated; 2. Legal custody of the child shall be shared by the parties. Each party shall have an equal right, to be exercised jointly with the other parties, 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 party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious and school records, the residence address of Defendant Lawrence Cowden died during the pendency of these proceedings and has been omitted from the caption for that reason. the child and the other parties. To the extent that one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other parties. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like; 2. Primary physical custody of child shall be in Plaintiff, the father; 3. Temporary or partial physical custody of the child shall be in Defendants, at the following times: a. During the school year: (1) Out of every four weekends, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child on the first and third weekend, and Defendant Karen A. Odom shall have temporary or partial physical custody of the child on the second weekend, from Friday at 7:00 p.m. until Sunday at 3:00 p.m. (2) During Christmas vacation, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child from f Christmas Day at 3:00 p.m. until December 28 until 3:00 p.m.; (3) During Thanksgiving vacation, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child from Thanksgiving Day at 3:00 p.m. until the following Sunday at 3:00 p.m.; b. During the summer, out of every four weeks Defendant Cheryl Cowden shall have temporary or partial physical custody of the child during the second and third weeks, the first such week beginning with the second full week of the child's summer vacation, and Defendant Karen Odom shall have temporary or partial physical custody of the child during the third week. 4. The custodial party shall permit liberal telephone contact between the child and the other parties. 5. No party may leave the child in a car alone. 6. Transportation for purposes of custody exchanges shall be the responsibility of the party receiving custody. 7. The parties may deviate from the terms of this order by mutual consent. PRIOR TO the end of the 2009-2010 school year, the current custody arrangement shall remain in effect. BY THE COURT, esley Olen, , J. ?- Jennifer L. Spears, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Plaintiff Jerry W. Brown, Esq. 4601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendant Cheryl Cowden Shana Walter, Esq. MidPenn Legal Services 401 East Louther Street Suite 201 Carlisle, PA 17013 Attorney for Defendant Karen A. Odom ?Col2c-ti i?,?4•C ir- ? Y- a ?' F 1L'IE0 ) :.. 2009NOV 24, Pli 12: ()7 Gt,'Iif1- vrly ((._, Liberty Law Group, LLC Laura E. Cooper, Esquire `h - t' I F '-, OTHONOTAR Floor 505 Penn Street. 4 Reading, PA 19601 Phone: (610) 685-1800 2011 APR 29 QM 11: 18 Fax: (610) 685-5151 Attorney I.D. No. 92240 " U BERLAND COUNTY PENNSYLVANIA THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM and CHERYL COWDEN Defendants No. 07-3340 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindy enter my appearance for Thomas H. Brightbill, Plaintiff. Papers, process, and notice in this case may be served at the address indicated below. Laura E. Cooper, Esquire Liberty Law Group, LLC 505 Penn Street, 4th Floor Reading, PA 19601 AAtto a E. o er ey for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS H. BRIGHTBILL, PLAINTIFF VS. KAREN A. ODOM, CHERYL COWEN DEFENDANTS CIVIL ACTION - LA'"2 C rnm . NO. 07-3340 ? :;o ;:a -< > C:> CHILD CUSTODY r--77' -1(-Z' - - CD T -TI ?y C) ASSIGNED TO: --- ?' CO CERTIFICATE OF SERVICE I, Laura E. Cooper, Esquire, Attorney for Plaintiff, certify that I served the Entry of Appearance and Motion for Change of Venue upon Defendants above on April 28, 2011 via first class mail postage pre paid: Karen A. Odom (pro se) 109 Regency Woods North Carlisle, Pennsylvania 17015 Jerry W. Brown, Esquire 4601 South Clearview Drive Camphill, Pennsylvania 17011 (Attorney of Record for Cheryl Cowen) Respectfully Submitted: Liberty Law Group, LLC ooper, Esquire ornev for P ainti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS H. BRIGHTBILL, PLAINTIFF VS. KAREN A. ODOM, CHERYL COWDEN DEFENDANTS CIVIL ACTION - LAW r-, NO.07-3340 CHILD CUSTODY ?? . < ASSIGNED TO:' = a' MOTION FOR CHANGE OF VENUE AND NOW, Petitioner, by and through his attorney, Laura E. Cooper, Esquire, files this Motion for Change of Venue pursuant to Pa.R.C.P. 1915.2. This petition is for the sole purpose of objecting to the venue of this case in Cumberland County Court and for the moving for a change of venue to Berks County Court, the correct venue as per the following reasons: 1. Petitioner is Thomas H. Brightbill ("Father"), who currently resides at 3081 Camp Swatara Road, Bethel, Berks County, Pennsylvania 19507. 2. Petitioner ("Father") was granted primary custody and has been primary care provider for minor child per November 2009 Custody Order. 3. Respondent is Karen A. Odom ("Mother"), who currently resides at 109 Regency Woods North, Carlisle, Pennsylvania, 17015. 4. Respondent ("Mother") was granted one weekend per month visitation with minor child per November 2009 Custody Order, along with partial weekend visitation to maternal grandmother, Cheryl Cowden. 5. The parties hereto are the parents of the following minor child who resides primarily with Petitioner at 3081 Camp Swatara Road, Bethel, Berks County, Pennsylvania 19507: Hannah A. Odom (D.O.B. June 23, 2001). 6. It is in the best interest of minor child and for purposes of judicial expediency for venue to be changed to Berks County where the minor child primarily resides. WHEREFORE, Petitioner, Father, respectfully requests this Honorable Court grant the Motion for Change of Venue pursuant to Pa.R.C.P. 1915.2. and transfer venue of this case from Cumberland County Court of Common Pleas to Berks County Court of Common Pleas. Dated: - o Respectfully Submitted: Liberty Law Group, LLC E. Cooper, Esquire ev for Plaintiff THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM IN RE: CUSTODY COMPLAINT BEFORE OLER, J. ORDER OF COURT AND NOW, this 23rd day of November, 2009, upon consideration of Plaintiff Complaint for Custody, Defendant Karen A. Odom's Petition for Modification, and the Emergency Petition for Special Relief-Temporary Order Pursuant to Pa.R.C.P. 1915.13 filed by Defendant Cheryl Cowden et al.,` with respect to Hannah A. Odom (d.o.b. June 23, 2001), whose parents are Plaintiff Thomas H. Brightbill and Defendant Karen A. Odom, and whose maternal grandmother is Defendant Cheryl Cowden, and Defendant Karen A. Odom having indicated that she is not requesting primary physical custody of the child, and following a hearing held on February 27, 2008, May 8, 2008, and November 9, 2009, and based upon the court's conclusion as to the best interest of the child at this time, it is ordered and directed as follows, effective at the end of the 2009- 20I0 school year: 1. All prior custody orders are vacated; 2. Legal custody of the child shall be shared by the parties. Each party shall have an equal right, to be exercised jointly with the other parties, 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 party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious and school records, the residence address of Defendant Lawrence Cowden died during the pendency of these proceedings and has been omitted from the caption for that reason. the child and the other parties. To the extent that one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other parties. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like; 2. Primary physical custody of child shall be in Plaintiff, the father; 3. Temporary or partial physical custody of the child shall be in Defendants, at the following times: a. During the school year: (1) Out of every four weekends, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child on the first and third weekend, and Defendant Karen A. Odom shall have temporary or partial physical custody of the child on the second weekend, from Friday at 7:00 p.m. until Sunday at 3:00 p.m. (2) During Christmas vacation, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child from Christmas Day at 3:00 p.m. until December 28 until 3:00 p.m.; (3) During Thanksgiving vacation, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child from "Thanksgiving Day at 3:00 p.m, until the following Sunday at 3:00 p.m.; b. During the summer, out of every four weeks Defendant Cheryl Cowden shall have temporary or partial physical custody of the child during the second and third weeks, the first such week beginning with the second full week of the child's summer vacation, and Defendant Karen Odom shall have temporary or partial physical custody of the child during the third week. 4. The custodial party shall permit liberal telephone contact between the child and the other parties. 5. No party may leave the child in a car alone. 6. Transportation for purposes of custody exchanges shall be the responsibility of the party receiving custody. 7. The parties may deviate from the terms of this order by mutual consent. PRIOR TO the end of the 2009-2010 school year, the current custody arrangement shall remain in effect. BY THE COURT, Y/Wesley Olen; , J. f"RUE GOPY FROM REGOR,-) Testimony whereof, 1 here unto set my han.: A the seal of said Court at Carisle, 1~& q . Z.?da ol PrathonaRarv ... w . THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-3340 CIVIL TERM IN RE: MOTION FOR CHANGE OF VENUE ORDER OF COURT AND NOW, this 4`h day of May, 2010, upon consideration of Plaintiffs Motion for Change of Venue, the motion is denied because there is no pending petition or motion to be transferred. BY THE COURT, f? Wesley Ole Jr., J. J Laura E. Cooper, Esq. Liberty Law Group, LLC 505 Penn Street, 4th Floor Reading, PA 19601 Attorney for Plaintiff Jerry W. Brown, Esq. 4601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendant Cheryl Cowden V/ Karen A. Odom 109 Regency Woods North Carlisle, PA 17015 Defendant, pro Se ? ?? P 5 Q?8 M C THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW nm c, ?-- c= w3r'- KAREN A. ODOM and -<>' CHERYL COWDEN Defendants NO. 07-3340 CIVIL TERM =C) 4? C: c;a IN RE: MOTION FOR CHANGE OF VENUE ORDER OF COURT AND NOW, this 14'h day of June, 2011, upon consideration of Plaintiffs Motion for Change of Venue, and a virtually identical motion having been denied by the court on May 5, 2011, the motion is denied.' BY THE COURT, Wesley O Kathryn L. Schweitzer, Esq. ? Laura E. Cooper, Esq. Liberty Law Group, LLC 505 Penn Street, 4th Floor Reading, PA 19601 Attorney for Plaintiff ?Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendant Cheryl Cowden ,Karen A. Odom 109 Regency Woods North Carlisle, PA 17015 Defendant, pro Se 114) r., ' As a general rule, successive motions requesting the same relief will be considered only if new facts are presented to the court that would warrant reconsideration. See DiAndrea v. Reliance Sav. and Loan Ass'n, 310 Pa. Super. 537, 456 A.2d 1066 (1983); See also, Ball v. Paramount Pictures, Inc., 57 F. Supp. 505 (1944); See also, F. W. Kerr Chem. Co. v. Crandall Assoc., Inc., 815 F.2d 426 (1987). •a LIBERTY LAW GROUP, LLC By: Laura E. Cooper, Esquire -. C_.. f Attorney ID# 92240 r,.} ?- 505 Penn Street, 4'h Fl. rr= Reading, PA 19601 " Telephone: (610) 685-1800 Facsimile: (610) 685-5151 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS H. BRIGHTBILL, PLAINTIFF VS. KAREN A. ODOM, AND CHERYL COWDEN DEFENDANTS CIVIL ACTION - LAW NO. 07-3340 CHILD CUSTODY ASSIGNED TO: OLER, J. MOTION FOR CHANGE OF VENUE AND NOW, Petitioner, by and through his Attorney, Laura E. Cooper, files this Motion for Change of Venue pursuant to Pa. R.C.P. 1915.2(c). This petition is for the sole purpose of transferring venue to an appropriate forum as per the following reasons: 1. There is a current pending action in Berks County Court of Common Pleas, initiated by Petitioner. 2. Petitioner is Thomas H. Brightbill ("Father"), who currently resides at 3081 Camp Swatara Road, Bethel, Berks County, Pennsylvania 19507. 3. Respondent is Karen A. Odom ("Mother"), who currently resides at 109 Regency Woods North, Carlisle, Pennsylvania, 17015. 4. The parties hereto are the parents of the following minor child, Hannah A. Odom (D.O.B. June 23, 2001) who resides primarily with Petitioner at 3081 Camp Swatara Road, Bethel, Berks County, Pennsylvania 19507 5. On or about June 15, 2011, Judge Bucci of Berks County entered an Emergency Order granting Father primary custody of minor. 6. The Custody Order entered in Berks County Court of Common Pleas, vacated the Custody Order entered by Cumberland County Court of Common Pleas in November 2009. 7. There is a new Custody Order in place per Judge Bucci's of Berks County Court of Common Pleas. 8. Plaintiff and Defendants are ordered to appear in Berks County Court for a Custody Conciliation continued on August 30, 2011. 9. Transfer of venue is proper pursuant to Pa. R.C.P. 1915.2 (c). 10. Pa. R.C.P. 19.15.2(c) states: The court at any time may transfer an action to the appropriate court of any county where the action could originally have been brought or could be brought if it determines that it is an inconvenient forum under the circumstances and the court of another county is the more appropriate form. 11. Pursuant to Pa. R.C.P. 1915.2(c), the court may transfer the action at any time to the appropriate court. 12. Berks County Court of Common Pleas is the appropriate forum as the child has resided in Berks County for 2 years. 13. Berks County Court of Common Pleas is the appropriate court due to the current pending action. 14. Cumberland County Court of Common Pleas is an inconvenient forum since minor child and primary custodian, Father, reside and continue to reside in Berks County since November 2009. 15. Minor child's school, medical records and other information are all located in Berks County. 16. Berks County Court of Common Pleas is the more appropriate forum for all the reasons stated above. 17. Cumberland County Prothonotary should transfer "certified copies of the docket entries, process, pleadings and other papers filed in the action" to the Berks County Court of Common Pleas Prothonotary pursuant to Pa. R.C.P. 1915.2(c). WHEREFORE, Petitioner, by and through his Attorney, Laura E. Cooper respectfully requests that this Honorable Court GRANT the Motion for Change of Venue pursuant to Pa.R.C.P. 1915.2(c) since there is a pending hearing in Berks County, minor child, Hannah A. Odom, and Father reside in Berks County, and Cumberland County forum is inconvenient. Transfer of venue for this case should be granted and the Prothonotary should forward file to Berks County Court of Common Pleas. Respectfully Submitted: Dated: ? r IL- 4 ? 1 I Liberty Law Group, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS H. BRIGHTBILL, PETITIONER VS. KAREN A. ODOM and CHERYL COWDEN, RESPONDENTS CIVIL ACTION - LAW NO.: 07-3340 CHILD CUSTODY ASSIGNED TO HONORABLE OLER, J. CERTIFICATE OF SERVICE I, Laura E. Cooper, Esquire, attorney for Petitioner, Thomas H. Brightbill, hereby certify that on June 24, 2011, a true and correct copy of Motion for Change of Venue was served upon the following, by first class mail, postage prepaid: Karen A. Odom 109 Regency Woods North Carlisle, PA 17015 Respondent Jerry W. Brown, Esquire 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Cheryl Cowden This Certificate is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Law Group, LLC Cooper, Esquire . Street, 4th Floo Phone: 610-685-1800 Attorney I.D. # 92240 THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and CHERYL COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07-3340 CIVIL TERM IN RE: MOTION FOR CHANGE OF VENUE ORDER OF COURT AND NOW, this 29th day of June, 2011, upon consideration of Plaintiff's Motion for Change of Venue, a hearing is scheduled for Thursday, August 4, 2011, at 10:45 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 1 k'? J. P4esley Oler,`Jr., J. ? The Honorable James M. Bucci 633 Court Street Reading, PA 19601 Laura E. Cooper, Esq. Liberty Law Group, LLC 505 Penn Street, 4th Floor Reading, PA 19601 Attorney for Plaintiff Jerry W. Brown, Esq. 3601 South Clearview Drive Camp Hill, PA 17011 Attorney for Defendant Cheryl Cowden c MW zr^ ?r -tom' x r.? -o 3 tV rv rn o° -aca ?-? q Ci sy e? Karen A. Odom 109 Regency Woods North Carlisle, PA 17015 Defendant, pro Se e©p; es rm .'/,- --W ?'b'-?//l iw- THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHERYL COWDEN, Defendant 07-3340 CIVIL TERM AGO .=M C -` IN RE: PLAINTIFF'S MOTION FOR CHANGE OF VE??T_ ORDER OF COURT ' '.i AND NOW, this 4th da- y of August, 2011, r?. consideration of Plaintiff's Motion for Change Of Venue, following a hearing held on this date at which and represented by Laura E. the Plaintiff was Cooper, Esquire, the maternal grandmother, Cheryl Cowden, was represented by Jerry W. Brown, Esquire, an maternal mother Karen A. Odom' did not appear, and it is ordered and directed as follows: 1. Plaintiff's Motion for Change of Venue is denied; and 2. The terms of the order entered on an emergency basis by the Honorable James M. Bucci of the Court of Common P1 of Berks Count eas y, Pennsylvania, dated May 6, 2011, are incorporated into this Court's Order of Court dated November 23, 2009. Pending further order of Court the Defendant, Karen A. ding Odom, shall not have physical custody rights with respect to her child, Hanna. 7 rn Co X* T T Cn C By the Court, Laura E. Cooper, Esquire Liberty Law Group LLC 505 Penn street, 4th Floor Reading, PA 19601, Esquire For Plaintiff Jerry W. Brown, Esquire 4601 S. Clearview Dr.. Camp Hill, PA 17011 For Defendant Cowden Honorable James M. Bucci 633 Court Street Reading, PA 19601-4302 Ms. Karen A. Odom 109 Regency Woods North Carlisle PA 17015 Owe's 8151 11 D Pcb S THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL COW and LAWRENCE COWDEN, IN CUSTODY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA pry NO. 2007 C a ? • DEN: n t r1 ?M ?r?-- C c? ` ORDER OF COURT Vic l' 3c: N c-n AND NOW, this day of ?Aet1? , 2011, upon Q consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 71t* day of , 20/4 at 1.•30 o'clock, P. M., at which time testimony will be taken. or purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The prior Orders of Court dated November 23, 2009, May 6, 2011 and August 4, 2011 shall remain in full force and effect with the following modification. 3. Mother shall have supervised visitation on the same schedule as set forth in the Order of Court of November 23, 2009. Maternal Grandmother, Cheryl Cowden shall be the supervisor. 4. The parties may modify the provisions of this Order by mutual consent. In the absence o!f_ mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Jessica Hoist, Esquire, MidPenn Legal Services, counsel for Mother A / Laura E. Cooper, Esquire, Counsel for Father ?Oples l/l? r Jerry W. Brown, Esquire, Counsel for Grandmother -3340 CIVIL ACTION - LAW 0 4 -c tV THOMAS H. BRIGHTBILL, Plaintiff V. KAREN A. ODOM, CHERYL and LAWRENCE COWDEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3340 CIVIL ACTION - LAW COWDEN: IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Hannah A. Odom June 23, 2001 Father 2. A Conciliation Conference was held November 10, 2011 with the following individuals in attendance: The Father, Thomas H. Brightbill, with his counsel, Laura E. Cooper, Esquire, the Mother, Karen A. Odom, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services and maternal Grandmother, Cheryl Cowden, with her counsel, Jerry W. Brown, Esquire. Maternal Grandfather, Lawrence Cowden is deceased. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated November 23, 2009 providing for shared legal custody among the parents, Father having primary physical custody, with Grandmother having partial physical custody on 2 weekends per month and Mother having one weekend per month. On May 6, 2011 Judge Bucci of Berks County Court of Common Plea entered an order terminating Mother's visitation with the child until further Order of Court. On August 4, 2011 Judge Oler denied Father's Petition for Change of Venue to Berks County, but continued Mother's no contact with the child. Mother has filed for Modification. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and periods of partial physical custody one weekend per month. In effect resumption of the Order of Court dated November 23, 2009. Mother asserts that the C&Y investigation for child abuse for Mother's other daughter was unfounded. Mother further asserts that her mental health does not impede her proper care of the child. 5. Grandmother's position on custody: Grandmother agrees with Mother's position. 6. Father's position on custody: Father seeks shared legal and primary physical custody with Mother having only supervised contact with the child. Father maintains that the school made a referral to C&Y regarding child abuse and that C&Y did not investigate the allegations. There was an investigation regarding Mother's other child, but C&Y determined the allegations to be unfounded. Father also alleges that Mother's mental health places the child at risk at being with Mother unsupervised. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting Mother supervised visitation pending a hearing. It is expected that the Hearing will require one-half day. Date Jac eline M. Verney, Esquire Custody Conciliator THOMAS H. BRIGHTBILL, Plaintiff vs KAREN A. ODOM and CHERYL COWDEN, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-3340 CIVIL TERM : CUSTODY rn xro rrnn F'' = y= ear r -vm Ci9 -C N C3 ? r c? z' ?-? Zp y„ 3 O? y, o try-: ANSWER AND NEW MATTER TO PLAINTIFF'S MOTION FOR CHANGE OF VENUE AND NOW, comes Defendant, Karen Odom, by and through her attorneys, MidPenn Legal Services, and files this Answer to Plaintiff's Motion and avers as follows: 1) Admitted. 2) Admitted in part. Karen Odom (hereinafter, Mother) and Cheryl Cowden (hereinafter Maternal Grandmother) are both Respondents in this matter. Cheryl Cowden currently resides at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3) Admitted. in part. The parties are the biological parents and the Maternal Grandmother of the minor child, Hannah A. Odom, born June 23, 2011 4) Denied as stated. 5) Admitted. 6) Mother is without sufficient information to admit or deny the legal interpretation as opined by Plaintiff's counsel. 7) Denied as stated. Primary custody was not granted to Plaintiff until the Order entered on November 23, 2009 by The Honorable J. Wesley Oler, Jr. As such Hannah has only been in Berks County for 2 years and 2 months. 8) Mother is without sufficient information to admit or deny this allegation. 9) Admitted in part and denied in part. Although Counsel for Plaintiff initiated an action on Plaintiff's behalf in Berks County, it was done despite a current Cumberland County custody order and despite several orders from The Honorable Judge J. Wesley Oler, Jr., denying previous attempts by Plaintiff's counsel to transfer venue. 10) Denied as stated. The Cumberland County Court of Common Pleas is not an inconvenient forum as Hannah still spends time with Mother and Maternal Grandmother during their periods of partial custody and she continues to have significant ties to the Cumberland County community. 11) Denied as stated. Hannah resides with Plaintiff and his parents but as to whether this is a stable family unit, Defendant Odom is without sufficient knowledge to admit or deny such opinions. 12) Admitted. 13) Denied as stated. Hannah spends significant portions of time in Cumberland County, with her Mother and Maternal Grandmother, both of whom would qualify as "family". In addition, Mother has two other children who are half-siblings to Hannah and would also qualify as "family". In light of the fact that Cumberland County was her primary residence from birth until November 2009, she continues to have friends in Cumberland County. 14) Admitted in part. Hannah also participates in activities in Cumberland County with Mother and Maternal Grandmother as well as her siblings. 15) Denied as stated. Although during the school year, Hannah visits with Mother and Maternal Grandmother on weekends but, under the November 23, 2009 Order, Hannah spends three of every four weeks with Mother or Maternal Grandmother as well as extended time during the Thanksgiving and Christmas vacations. 16) Denied as stated. The travel time between Berks County and Cumberland County is less than two-hours and should not be deemed a hardship. 17) Denied. 18) Inasmuch as this is a demand rather than an averment, Mother cannot admit or deny to the statement. NFW MATTER 19) Plaintiff incorporates Paragraphs 1 through 18 as if more fully set forth herein. 20) On April 29, 2011, Counsel for Plaintiff filed a Motion for Change of Venue which was denied by The Honorable Judge J. Wesley Oler, Jr. by order entered on May 4, 2011. 21) On May 17, 2011, Counsel for Plaintiff filed a Motion for Change of Venue which was denied by The Honorable Judge J. Wesley Oler, Jr. by order entered on June 14, 2011. 22) On June 27, 2011, Counsel for Plaintiff filed a Motion for Change of Venue. The Honorable J. Wesley Oler, Jr. entered an order on June 29, 2011 scheduling the matter for hearing on August 4, 2011. Following a hearing on August 4, 2011, The Honorable Judge J. Wesley Oler, Jr. entered a third order denying the change of venue. 23) Despite the November 23, 2009 Cumberland County Order and despite not having a ruling on the initial Motion for Change of Venue, on April 29, 2011, Counsel for Plaintiff filed a Petition for Emergency Relief in Berks County and on May 6, 2011, The Honorable Judge James M. Bucci entered an order prohibiting Mother from having contact with Hannah. 24) Despite the November 23, 2009 Cumberland County Order and The Honorable Judge J. Wesley Oler Jr.'s May 4, 2011 Order denying the Motion for Change of Venue, Counsel for Plaintiff filed a Petition to Modify Custody to terminate Mother's partial custody with Hannah. 25) This matter is now scheduled before The Honorable Albert H. Masland for hearing on Mother's Petition for Modification of the August 4, 2011 Order prohibiting Mother's contact with Hannah. The hearing is scheduled for Monday, February 27, 2012 at 1:30 p.m. and Counsel's repetitive attempts to change venue to Berks County suggests a course of action intended to prolong this matter and continue to restrict Mother to supervised custody with Hannah. WHEREFORE, Mother respectfully requests that Plaintiff's Motion for Change of Venue be denied and that the hearing scheduled for February 27, 2012 proceed as scheduled. Respectful) submitted, Jes a C. D. Holst Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 x2514 THOMAS H. BRIGHTBILL, Plaintiff vs KAREN A. ODOM and CHERYL COWDEN, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-3340 CIVIL TERM CUSTODY Affidavit of Service I, Jessica Holst, Esquire, hereby state that I served the enclosed Answer to Plaintiff's Motion for Change of Venue by USPS First Class Mail on: Laura E. Cooper, Esquire Liberty Law Group 505 Penn Street, 4th Floor Reading, PA 19601 (Counsel for Thomas Brighbill) Jerry Brown, Esquire 3601 South Clearview Drive Camp Hill, PA 17011 (Counsel for Cheryl Odom) Grace D'Alo, Esquire 539 Greason Road Carlisle, PA 17015 (GAL) Jessica C.D. Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 J THOMAS H. BRIGHTBILL, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs : No. 2007-3340 CIVIL TERM KAREN A. ODOM and CUSTODY CHERYL COWDEN, Defendants ORDER ,.-W AND NOW, this day of February, 2012, upon consideration of Plaintiff's '01 Motion for Change of Venue and.,?a?ntrPf''s'Answer and New Matter to such Motion, it is hereby ORDERED that Defendant's Motion is DENIED. B e Albert H. Masland, Judge MCU ?fTi : rt f 1r- CJ) -<> C-) 7X ' > c- co C r* Distribution: Oessica C. D. Holst, MidPenn Legal Services, 401 East Louther Street, Suite 103, Carlisle, PA 17013 t?Laura E. Cooper, Esquire, Liberty Law Group, 505 Penn Street, 4`h Floor, Reading, PA 19601 ?Jerry Brown, Esquire, 3601 South Clearview Drive, Camp Hill, PA 17011 ?Grace D'Alo, Esquire, 539 Greason Road, Carlisle, PA 17015 ,P;f's !ma,Ar'W (11) P-, -e c THOMAS H. BRIGHTBILL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN A. ODOM and CHERYL COWDEN, DEFENDANTS 07-3340 CIVIL TERM ORDER OF COURT 01 AND NOW, this Z2 day of March, 2012, the parties having appeared before the court on February 27, 2012, following the court's in-camera interview of the minor child and the parties'attempts to reach a settlement, and there being an agreement to pursue a mediated resolution, we issue the following order: 1. Should the parties be unsuccessful in resolving this matter a hearing shall be held on Monday, May 21, 2012, at 1:30 p.m. 2. Pending a resolution or hearing on this matter, the parties shall adhere to the existing custody schedule unless they mutually agree to alter those terms. 3. The parties shall adhere to the rules of conduct set forth in the Appendix, which is attached to this order and made a part hereof. P, By the Court, ? ASS, ?? CCc rtf?(5? ? ?? `e6 ma.1 e.4 3//3/i a Albert H. Masland, J. MG0 =M ? `gym .<> w ..? AW Laura Cooper, Esquire 505 Penn Street, 4th Floor Reading, PA 19601 For Plaintiff Jessica Holst, Esquire For Karen Odom Grace D'Alo, Esquire 530 Greason Road Carlisle, PA 17015 Guardian Ad Litem :saa APPENDIX TO CUSTODY ORDER Certain rules of conduct which generally apply to custody matters are set forth below and are binding on all parties. Violation of any of these rules could become the subject of contempt proceedings before this Court, or could be grounds for modification of this Order. If any of these general rules conflict with any specific provisions of the Order, the Order shall control. 1. All parties shall also have the following rights with respect to the child: A. The right to reasonable telephone contact with the child when they are in the other party's custody. B. The right to be fully informed concerning the progress of the child in school and the child's medical status, including the right to obtain information directly from the child's school or medical practitioner. C. The right to be informed in advance before any important decision is made concerning the child and the opportunity to participate in those decisions. 2. In the event of any serious illness of the child at any time, the party then having custody of the child shall immediately communicate with the other parties by telephone or by any other means, informing the other parties as to the nature of such illness. During such illness, each party shall have the right to visit the child as he or she desires consistent with the proper medical care of the child. 3. None of the parties shall alienate or permit an attempt by anyone else to alienate the child from the other parties. While in the presence of the child none of the parties shall make any remarks or do anything which is derogatory or uncomplimentary to the other parties and it shall be the duty of each party to uphold the other parties as ones the child should respect and love. 4. All parties shall provide one another with the addresses and telephone numbers of where they will be staying anytime they take a trip with the child out of the jurisdiction of Berks or Cumberland County in excess of three (3) days. 5. The parties shall not conduct arguments or heated conversation in the presence of the child or when the child can overhear the argument. 6. The parties shall at all times consider the child's best interests, and act accordingly. It is in a child's best interest for the parties to understand that the child is trying desperately to cope with the fact of his or her parents' separation, and needs help in loving both parents and any other involved parties. 7. Neither party shall question the child as to the personal life of any other party except insofar as necessary to insure the personal safety of the child. By this we mean that the child will not be used as a spy on any other party. It is harmful to a child to be put in the role of spy. 8. The parties should remember that they cannot teach the child proper moral conduct if that party is indulging in improper conduct. Children are quick to recognize hypocrisy, and the party who maintains a double standard will lose the respect of the child. 9. Weekend and evening custody shall be subject to the following general rules: A. Arrangements should be worked out beforehand between the parties without forcing the child to make choices and run the risk of displeasure. However, the child shall be consulted as to their schedules when appropriate. B. Custodial rights shall be exercised at reasonable hours and under circumstances reasonable acceptable to the other parties and to the needs and desires of the child. C. If a party finds himself or herself unable to pick up or drop off the child at the designated or agreed to time, he or she should give immediate notice to the other parties to avoid subjecting the child to unnecessary worry or failed expectations. D. The party having custody of the child should prepare them both physically and mentally for the transfer of custody to another party and should have them available at the time and place designated in the Order or mutually agreed upon. E. If any party or the child has plans which conflict with their scheduled custodial time and they wish to change their custodial time, the parties should make arrangements for an adjustment acceptable to the schedules of everyone involved. Predetermined schedules are not written in stone, and the parties should be flexible for the sake of the child. If a party shows up to begin their custodial time with the child and the party is under the influence of alcohol or drugs, the custodial time may be considered forfeited on those grounds alone. 10. If any party feels that another party has violated this Order, they may petition the Court as set forth in Pa.R.C.P. 1915.12. eP hl,AR 14 2012 AUTHORITY TO PAY COURT APPOINTED COUNSEL t. COURT tri ? Di t J ti C 2. VOUCHER NO 14467 s c us ce ommon Pleas ? Appellate ? Other 3. FOR (D.J.. C.P.. APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE 6. IN THE CASE OF 7. CHARGE/OFFENSE (PUROON CITATION) 8. ? PETTY OFFENSE 1-L r, b ` vs 60 rn ? FELONY ? MISDEMEANOR 9. PROC DINGS (Des`cri'be briefly) ,p tc sx Cu S?X6 11. PERSON REPRESENTED 1 ? D f d t Ad l 12. CIVIL DOCKET NO. y k_ .r / e en an - u t 2 ? Defendant - Juvenile ? ',,` - `! ' ?7) ? W 3 ? Appellant 4 ? Appellee 13. CRIMINAL DOCKET NO. 5 ? Habeas Petitioner 6 ? Material Witness l i 10. PERSON REPRESENTED (Full Name) Q? cdcM VA 7 ? Parolee Charged With Vio at on 8 ? Probationer Charged With violation h 14. APPEALS DOCKET NO. r r ) C'n ? er. 9 Ot ^^ V? Ic Zv I 16. NAME OF ATTORNEY/PAYEE AND DRESS MAILING A Appt Date D LYV?C` ` ?1 l n 6 CyA A j 5''!t)o Gx-CC&_sc(--\ Roo y) Cs cn 9.9 N M _ P/V [-70L 5- 00_-Usl'r A E OF C MON PLEAS JUDGE ASSIGNED TO CASE , 17. TELEPHONE No. Lt qU- ,O t e. soc Al sECU11ITY NO OR E N No o CLAIM FOR SERVICES OR EXPENSES 3 ;Z3 19. SERVICE HOURS DATES O S C R D a. Arraignment and/or Plea M ate:OVr ho0Ui s total 2 b. Preliminary Hearing h o oblaio com- n. Eljr totflLb w. c. Motions and Requests ?? C d. Sail Hearings ? > ) CD -1 O' e. Sentence Hearings 2C " U f Trial Z . g. Revocation Hearings i t1) 71 h. Juvenile Hearings I. Appeals Court 19A. TOTAL IN COURT COMP. H Other (Specify on additional sheets) CQ TOTAL HOURS = L 4 X $55 PER HOUR - $ 2-2-o-00 20. a. Interviews and conferences V Multiply rate per hour times total U. I.- b. Obtaining and reviewing records hours. compensati Enter on total "below.Out of Court" O CC a Legal research and brief writing O O d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT COMP. TOTAL HOURS = ?r? 2 V . g X $45 PER HOUR $ q3IIb• Cc ? 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Miles $ per mile z " W Please contact Court Administrator for current mileage rate 21A TOTAL ITEMIZED EXP. O a $ 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/or reimbursement for work in this case previously been applied fort ? YES XNO = $ II yes, were you paid? ? YES ? NO If yes, bywhom were you paid? How much? 24. DEDUCT. PRIOR PYMTS. Has the person represented paid any money to you, or to your knowledge anyone else, In connection with the matter for ' $ mo If es, give details o dditional sheets which you were appointed to provide repre aeef Cation? ? Y S mi ( ? I swear or affirm the truth or correctness v C L -C 4 to ? Cb?'h 1 -> 5: NET AMOUNT CLAIMED of the above statements U Signature of Attomey/Payee Date 26.APPnuvco F Signature of P \ // 27. AMT. APPROVED AVmE MENr Judge j , Date: 0i Copy 1 - Mail to Court Administrator at completion of service THOMAS H. BRIGHTBILL, PLAINTIFF V. KAREN A. ODOM and CHERYL COWDEN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this i? r7l' day of May, 2012, the hearing scheduled for May 21, 2012, is cancelled and rescheduled to commence at 1:00 p.m., Monday, August 6, 2012, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ? Laura Cooper, Esquire 505 Penn Street, 4th Floor Reading, PA 19601 Jessica Holst, Esquire 401 East Louther Street Carlisle, PA 17013 Grace D'Alo, Esquire 530 Greason Road Carlisle, PA 17015 Guardian Ad Litem ?ry Brown, Esquire 3601 South Clearview Drive Camp Hill, PA 17011 saa By the Court, Albert H Mas nd J . , . ? 4:J' N AUTHORITY TO PAY COURT APPOINTED COUNSEL 1. COURT i O Di t t J i X 2 VOt1::HER 14545 r s c ust ce Common Pleas O Appellate O Other 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BU FT CODE 6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. ? PE?TY OFFENSE C ?Ej_ \4 b` is lc>q?c (r n p FELONY ? MISDEMEANOR Describe briefly) 9. PROCEEDINGS ( 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. ` co S?VOI t ? Defendant - Adult f il ZC U? ?3?U endant • Juven e 2 ? De 3 ? Appellant 13. CRIMINAL DOCKET NO. 4 ? Appellee 5 ? Habeas Petitioner 6 ? Material Witness i i 10. PERSON REPRESENTED (F II Name) 7 ? Parolee Charged With V olat on 6 ? Probationer Charged With violation 14. APPEALS DOCKET NO. [AC' r\ r\ v ? 9 ? Other C'S L\) ( 16. NAME OF ATTORNEY/PAYEE AND Pan'\j V^ 2 ` MAILING ADDRESS Appt Date - 0 E - Grc' v? Rd _ ti Y ?- r? ?? ?G a, J • 5? A NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE `-C 0 1 17. TELEPHONE No. 18. SOCIAL SECURITY NO OR EIN NO ? b ' - - ct - v -C '44 11 7 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total " " b. Preliminary Hearing hours to obtain In Court com- pensation. Enter total below. c. Motions and Requests - 2 d Bail Hearings - O e. Sentence Hearings I Trial z . g. Revocation Hearings h. Juvenile Hearings I. Appeals Court A,-tbLTA L i oUfi 'Comp. . N Other (Specify on additional sheets) ? TOTAL HOURS = X $55 PER HOUR 20. a Interviews and conferences Multiply rate per hour times total b. Obtaining and reviewing records " hours. Enter total "Out of Court compensation below. 0 ¢ c. Legal research and brief writing O d. Investigative and other work (Specify on additional sheets) 20A- TOTAL OUT OF COURT COMP. $ rD ? TOTAL HOURS 1 Q , X $45 PER HOUR s ??Al- 5D 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Mileage $ er mile x W Please contact Court Administrator for current mileage rate t=- 21 A. TOTAL ITEMIZED EXP. O =$ 22. CERTIFICATION OF ATTORNEY/PAYEE H ti i li f d/ b f k i hi ? 116 23. GR AN; TOTAL CLAIMED as compensa on an or re or m ursement s or wor n t s case previous been app YES ? NO S If H ? 'Y yes, were you paid ow much? P ES ? NO If yes, by whom were you paid? Has the person represented paid any money to you, or to our know) ????//// your knowledge anyone else, i connection with the matter for 24. DEDUCT. PRIOR PYMTS. which you were appointed to provide repres "Ion? ? YE If ye ive details on addition, sheets = S I swear or affirm the truth or correctness 25: NET AMOUNT CLAIMED of the above statements Signature 0f Atto /Payee Date _$ 2g.APPnuVEU Fc?u i'avMENI Signature of Judge 00ate: Z 27. AMT. APPROVF.D =$ ? • D Copy 1 - Mail to Court Administrator at completion of service THOMAS H. BRIGHTBILL, Plaintiff vi. KAREN A. ODOM and CHERYL COWDEN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :07-3340 CIVIL TERM HAm Far 06rdinumec, - b ss a Z m co < -? AND NOW, comes the Guardian Ad Litem on behalf of the minor child, HANNAH ODOM, and respectfully asks this Court to continue the hearing in this case based on the following: 1. On November 16, 2011, the undersigned was appointed as Guardian Ad Litem (hereinafter "GAL") to represent the minor child HANNAH ODOM, hereinafter referre to as "Hannah." 2. In the same November 16, 2011 Order, this Court scheduled a hearing for February 27, 2012. 3. The parties appeared before this Court on February 27, 2012, and asked that the Court continue the hearing in order to give the parties time to pursue mediation. 4. By Order dated March 13, 2012, this Court set a new hearing date of May 21, 2012, and also attached an Appendix to that Order to guide the parties' conduct in the interim. 5. Because it appeared that the mediation efforts were bearing fruit, the Court continued the May 21 hearing to August 6, 2012. 6. Although the parties agreed to a custody schedule in mediation, the written agreement capturing the agreements of the parties has never been signed or made an Order of this Court. 7. Based on the parties' past intractable disagreements over custody and visitation, the Gj believes it is in Hannah's best interest to this Court enter an Order regarding Hannah's r ikz) custody and visitation. 8. Hannah's maternal grandmother, Cheryl Cowden, plays an integral role in Hannah's li Hannah is very attached to Ms. Cowden. 9. Hannah needs the certainty that an order would provide in protecting, fostering and enhancing the time Hannah spends with Ms. Cowden. 10. Cheryl Cowden is protective and concerned about Hannah and wants to provide nurture and love. 11. Mother has been unresponsive to her counsel's (Jessica Holst's) attempts to contact her. Continued lack of cooperation by Mother would detrimentally affect Hannah if no Ordi is in place. THEREFORE, the undersigned GAL, acting on behalf of Hannah Odom, respectfully requests that this Court convene a hearing and enter an Order regarding custody of Hannah Odom. RESPECTFULLY SUBMITTED: a e E. D'Alo 0 Treason Road Carlisle, PA 17015 ATTORNEY ID: 26146 THOMAS H. BRIGHTBILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vii. :07-3340 CIVIL TERM KAREN A. ODOM and : CHERYL COWDEN, DEFENDANTS CERTIFICATE OF SERVICE AND NOW, this day of July, 2012, I, Grace E. D'Alo hereby certify certify that I have served a true and correct copy the attached MOTION FOR CONTINUANCE by regular first class mail on the following persons at the following addresses: Laura Cooper, Esquire 505 Penn Street, 41h Floor Reading, PA 19601 Jessica Holst, Esquire 401 E. Louther Street Carlisle, PA 17013 Jerry Brown, Esquire 3601 South Clearview Drive Camp Hill, PA 17011 Respectfully Submitted, L,?C GF,ACE E. D'ALO 53 n Road Carlisle PA 17015 ATTORNEY ID #26146 THOMAS H. BRIGHTBILL, IN THE COURT OF COMMON PLEAS O PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN IA V. KAREN A. ODOM and ,--.?- CHERYL COWDEN, ---sue, DEFENDANTS 07-3340 CIVIL TERM cam, ORDER OF COURT ^ AND NOW, this day of August, 2012, the hearing schedule for Monday, August 6, 2012 is continued generally. The court notes that the parties have slightly divergent perspectives regarding the current status of negotiations and he need for a hearing. Regardless, the GAL, who is requesting a hearing, is unavailabl on August 6th. Further, it is clear that forcing a hearing on August 6th would not bet th e most productive use of the parties' time and resources. Therefore, in addition to continuing the hearing the court ORDERS AND DIRECTS as follows: 1. If the parties are unable to agree to the terms of a stipulated custody agreement drafted by counsel for Father by August 17, 2012, they are DIRECTED to resume forthwith their efforts to mediate this matter with th services of Thomas Gould, Esquire. 2. If, after returning to mediation, a party determines that the process will result in a full resolution of the issues, that party may petition the court fora hearing date. By the Court, Albert H. Masland, ?J?? Laura Cooper, Esquire 505 Penn Street, 4th Floor Reading, PA 19601 Jessica Holst, Esquire 401 East Louther Street Carlisle, PA 17013 Grace D'Alo, Esquire 530 Greason Road Carlisle, PA 17015 Guardian Ad Litem Y Jerry Brown, Esquire 3601 South Clearview Drive Camp Hill, PA 17011 :saa (-P)Ol e,5 01a AVU- THOMAS H. BRIGHTBILL, PLAINTIFF V. KAREN A. ODOM and CHERYL COWDEN, DEFENDANTS IN THE COURT OF COMMON PLEAS O~ CUMBERLAND COUNTY, PENNSYLVA IA 07-3340 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2012, pursuant to a mediated agreement regarding the above-captioned parties' physical and legal custodial responsibilities of the minor child, Hannah A. Odom, DOB: June 23, 2001 it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall be as follows: 1. All prior custody orders are vacated. 2. Legal Custodial Responsibilities: Legal custody of the child shall be shared by the parties. Each party shall have an equal right, to be exercised jointly with the other parties, 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 party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious and school records, the residence address of the child and the other parties. To the extent that one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parties within such reasonable time as to make the records and information of reasonable use to the other parties. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Primary physical custody of child shall be in Plaintiff, the father. 4. Temporary or partial physical custody of the child shall be in Defendants, at the following times: a. During the school year: (1) Out of every four weekends, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child on the first and third weekend. Defendant Karen A. Odom shall have visitation and partial custody of the child in the presence of Cheryl Cowden but will not exercise these visitation or custody rights at her own residence; (2) During Christmas vacation, Defendant Cheryl Cowden shall have temporary or partial physical custody of the child from Christmas Day at 3:00 p.m. until December 28 until 3:00 p.m.; (3) During Thanksgiving vacation, Defendant Cheryl Cowden shall have temporary or partial custody of the child from Thanksgiving Day at 3:00 p.m. until the following Sunday at 1:30 p.m. b. During the summer, out of every four weeks Defendant Cheryl Cowden shall have temporary or partial physical custody of the child during the second and third weeks, the first such week beginning with the second full week of the child's summer vacation, and Defendant Karen Odom shall have temporary or partial physical custody of the child during the third week. c. Defendant Cheryl Cowden shall have temporary or partial physical custody of the child every summer for her family's annual reunion and the summer camp that follows that reunion. Defendant Cheryl Cowden shall give Elizabeth and/or Thomas Brightbill three months advance notice of the dates for the reunion and camp. If the timing of the reunion and camp do not coincide with Defendant Cheryl Cowden's regularly scheduled week, Thomas and Elizabeth Brightbill will arrange with Cheryl Cowden to make up the week of custody they have lost. 5. No Conflict Zone and General Rules of Conduct: a. The parties shall not alienate the affections of Hannah from the other parties or the other parties' extended family and shall make a conscious effort not to do so. To the extent possible, the parties shall prevent third parties from alienating Hannah's affections from the other parties as well as the other parties' extended family. b. The parties shall establish a No-Conflict Zone for Hannah and refrain from making derogatory or uncomplimentary comments about the other parties in the presence of Hannah and to the extent possible, shall not permit third parties from making such comments in the presence of Hannah while in their physical custody, whether they are sleeping, awake or in another room. c. It shall be the duty of the parties to uphold the other parties as ones Hannah should respect and love. d. The parties shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parties shall refrain from encouraging Hannah to provide reports about the other parties. Communication should always take place directly between parties, without using Hannah or others as an intermediary or spy on the other parties. It is harmful to Hannah to be put in the role of a spy. f. Hannah shall be protected by the parties from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parties shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of Hannah. g. The parties should remember that they cannot teach .Hannah proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the patty who maintains a double standard will lose the respect of Hannah. h. The parties shall not conduct arguments or heated conversation when they are together in the presence of Hannah. i. It is in Hannah's best interest for the parties and all adults to understand that Hannah is trying to cope with the custody I'~itigation and related issues, and needs help in loving the parties, rather than interference or censure. j. At all times, the parties shall consider Hannah's best interests and act accordingly. 6. Electronic Contact: The custodial party shall permit liberal telephone contact between the child and the other parties. The parties are encouraged to establish an email address for themselves and for Hannah to enable email communication between the parties concerning parenting issues and to permit communication with Hannah. 7. Transportation: a. The party receiving custody shall be responsible for transportation. b. The parties shall not leave the child in a car alone. 8. Illegal Drugs, Tobacco and Alcohol: a. The parties shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parties shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 9 10 Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of the parties, which is best memorialized if placed in writing and signed by the parties, when such modifications are in the best interests of Hannah. b. The parties shall use their best efforts to engage in joint decision-making with respect to Hannah. c. In the event the parties are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of Hanna. d. Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order shall, prior to engaging in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parties. e. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement (233-8255). Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. In addition to those set forth above, the attached Appendix includes further rules of conduct. They are binding on the parties as are all other provisions. b. If a parties does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. ~iNbA1~ d By the,Court, ;~ .~ bZ ~0! W~ 6Z 9f1~ Z~~Z ~"=' Albert H. Masland, ';~?.~~'"4 x_,111 ~ Laura Cooper, Esquire 505 Penn Street, 4th Floor Reading, PA 19601 v° Jessica Holst, Esquire 401 East Louther Street Carlisle, PA 17013 /~ Grace D'Alo, Esquire 530 treason Road Carlisle, PA 17015 Guardian Ad Litem ~% Jerry Brown, Esquire 3601 South Clearview Drive Camp Hill, PA 17011 saa ~ ;~5 ~~ "l>oG~ ~~a9~1~ ~~ APPENDIX TO CUSTODY ORDER Certain rules of conduct which generally apply to custody matters are set forth below and are binding on all parties. Violation of any of these rules could become the subject of contempt proceedings before this Court, or could be grounds for modification of this Order. If any of these general rules conflict with any specific provisions of the Order, the Order shall control. 1. All parties shall also have the following rights with respect to the child: A. The right to reasonable telephone contact with the child when they are in the other party's custody. B. The right to be fully informed concerning the progress of the child in school and the child's medical status, including the right to obtain information directly from the child's school or medical practitioner. C. The right to be informed in advance before any important decision is made concerning the child and the opportunity to participate in those decisions. 2. In the event of any serious illness of the child at any time, the party then having custody of the child shall immediately communicate with the other parties by telephone or by any other means, informing the other parties as to the nature of such illness. During such illness, each party shall have the right to visit the child as he or she desires consistent with the proper medical care of the child. 3. None of the parties shall alienate or permit an attempt by anyone else to alienate the child from the other parties. While in the presence of the child none of the parties shall make any remarks or do anything which is derogatory or uncomplimentary to the other parties and it shall be the duty of each party to uphold the other parties as ones the child should respect and love. 4. All parties shall provide one another with the addresses and telephone numbers of where they will be staying anytime they take a trip with the child out of the jurisdiction of Berks or Cumberland County in excess of three (3) days. 5. The parties shall not conduct arguments or heated conversation in the presence of the child or when the child can overhear the argument. 6. The parties shall at all times consider the child's best interests, and act accordingly. It is in a child's best interest for the parties to understand that the child is trying desperately to cope with the fact of his or her parents' separation, and needs help in loving both parents and any other involved parties. 7. Neither party shall question the child as to the personal life of any other party except insofar as necessary to insure the personal safety of the child. By this we mean that the child will not be used as a spy on any other party. It is harmful to a child to be put in the role of spy. 8. The parties should remember that they cannot teach the child proper moral conduct if that party is indulging in improper conduct. Children are quick to recognize hypocrisy, and the party who maintains a double standard will lose the respect of the child. 9. Weekend and evening custody shall be subject to the following general rules: A. Arrangements should be worked out beforehand between the parties without forcing the child to make choices and run the risk of displeasure. However, the child shall be consulted as to their schedules when appropriate. B. Custodial rights shall be exercised at reasonable hours and under circumstances reasonable acceptable to the other parties and to the needs and desires of the child. C. If a party finds himself or herself unable to pickup or drop off the child at the designated or agreed to time, he or she should give immediate notice to the other parties to avoid subjecting the child to unnecessary worry or failed expectations. D. The party having custody of the child should prepare them both physically and mentally for the transfer of custody to another party and should have them available at the time and place designated in the Order or mutually agreed upon. E. If any party or the child has plans which conflict with their scheduled custodial time and they wish to change their custodial time, the parties should make arrangements for an adjustment acceptable to the schedules of everyone involved. Predetermined schedules are not written in stone, and the parties should be flexible for the sake of the child. If a party shows up to begin their custodial time with the child and the party is under the influence of alcohol or drugs, the custodial time may be considered forfeited on those grounds alone. 10. If any party feels that another party has violated this Order, they may petition the Court as set forth in Pa.R.C.P. 1915.12. AUTHORITY TO PAY COURT APPOINTED COUNSEL ��-A 1.COURT 2.0O2c 1 Q13 ❑ District Justice Common Pleas ❑ Appellate ❑ Other N° 1 4 0 7 2 3.FOR(D.J.,C.P.,APPELLATE) 4.AT(CITY/STATE) 5.BUDGET CODE )e-o- 1612m-Go-A/et • 6.I THE CASE OF ` �p 7.CHARGE/OFFENSE(PURDON CITATION) 8. ❑ PETTY OFFENSE V �}-�4ays i ,�( .1-�1 0 FELONY 0 MISDEMEANOR 9.PROCEE14- j S(Describe briefly) / ' t ` 11.PERSON REPRESENTED 12.CIVIL DOCKET NO. Ca 1 ❑ Defendant•Adult �2 0 Defendant-Juvenile 2�LJ7-3 ��+(� 3 ❑ Appellant 4 ❑ Appellee 13.CRIMINAL DOCKET NO. 5 ❑ Habeas Petitioner 6 ❑ Material Witness 7 ❑ Parolee Charged With Violation 10. PERSON REPRESENTED(F II Name) 8 ❑ Probationer Charged With Violation 14.APPEALS DOCKET NO. &• II\CON c I (&44_, 9 ❑ Other. ry( I 1 2-0(1 16.NAME OF ATTORNEY/PAYEE AND Appt Date DJ• l LD MAILING ADDRESS i'\-k bu‘i-- Ma5102,A8 6-30 ig _r_Ason(5rct.Ge.-E• 6' L0kci NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE COr1L6 J p/T (10(3 17.TELEPH NE . 18. SOCIALS4UURITYN OREINNO Ali ��, L17- 3 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total hours tq-gbtainJn Court" com- b. Preliminary Hearing pensatign Entl Total below. c. Motions and Requests z _- d. Bail Hearings rvi e. Sentence Hearings %*' _�__r" �" U I. Trial -<_w- I Z , g. Revocation Hearings "t= h. Juvenile Hearings :''''C'''') - w'' i. Appeals Court 19A.41-4 IN OURf COMP. j. Other(Specify on additional sheets) •-- C_a'I L. TOTAL HOURS= X$55 PER HOUR -$ 20. a. Interviews and conferences c2 • J 1.11.E 1 2ot•�,,.. Multiply rate per hour times total a hours. Enter total"Out of Court" O. b. Obtaining and reviewing records V\ / j��%3 compensation below. O¢ c. Legal research and brief writing D 0 d.Investigative and other work(Specify on additional sheets) 20k TOTAL OUT OF COURT COMP. ''11 TOTAL HOURS= O\• 0 X$45 PER HOUR $ 9'o r V?. 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mileage$ per mile x w Please contact Court Administrator for current mileage rate O21A TOTAL ITEMIZED EXP. -$ 22.CERTIFICATION OF ATTORNEY/PAYEE /' 23. GR$A7 TOTAL CLAIMED Has compensation and/or reimbursement for work in this case prevlou been appll d for? Ii`j YES ❑ NO : YY`� If yes,were you paid? ❑ YES ❑ NO hies,by whom were you paid? • • How much? Has the person represented paid any money to you,or to your knowle a an one else,in connection with the matter for 24.DEDUCT.PRIOR PYMTS. which you were appointed to provide represent: n? ❑ YES O ,f yes,gi details on ddi I na s ee s $ I swear or affirm the truth or correctness i_ _/_ . I'_ i � b13 25:NET AM�{lNT CLAIMED of the above statements 4 Signature of Attorney/Payee Date = /©.6-0 26•A`'°"uvt a 1f�) C. 27.AMT.APPROVED V FOP Signature Of `\\ ■ ! "/r��/S W =$ /V r� PAYMENT Judge Date: !. , Copy 1 -Mail to Court Administrator at completion of service