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HomeMy WebLinkAbout07-631640* B. From December 2006 through May 2007 at 780 Longs Gap Road Carlisle, . Cumberland County, Pennsylvania with both Plaintiff and Defendant. C. From May 2007 through the end of September 2007 at 508 North West Street Carlisle, Cumbeland County, Pennsylvania with both Plaintiff and Defendant. D. From late September 2007 until the current date the minor child has resided both with the Plaintiff at 137 Wilson Street Carlisle, Cumberland County, Pennsylvania and with the Defendant at 508 North West Street Carlisle, Cumberland County, Pennsylvania. 5 The minor child Reagan A. Rose was born out of wedlock. 6 The minor child Reagan A. Rose is presently in the joint custody of Plaintiff and Defendant at the addresses listed above. 7 Both Plaintiff and Defendant are single individuals and not married. 8 The Plaintiff has not participated as a party or witness , or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 9 The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 10 Plaintiff does not know of a person not a party to the proceedings who has physical of the child or claims to have custody or visitation with respect to the child. 11 Each parent whose parental rights of the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. 4r 12 Plaintiff desires the court to issue an order granting the Plaintiff and Defendant shared legal and shared physical of the minor child. In the event the Defendant relocates out of Pennsylvania as she has suggested she may, the Plaintiff requests this Honorable Court to award the Plaintiff primary physical custody of the minor child and allow the Defendant liberal periods of temporary custody while maintaining a shared legal custody arrangement between the parties. 13 The best interest and permanent welfare of the minor child will be served by granting the relief requested above for the following reasons: A. The Plaintiff has a steady job and is in a better position to financially support the minor child. B. The minor child has other relatives in the Carlisle area to provide support and nurturing for the minor child. C. A shared physical custody arrangement between the mother and father is in the best interest of the minor child while the parties live in close proximity to each other. However, in the event the mother would relocate to Florida or otherwise, the father is in a better position to provide a stable and secure home for the minor child. D. Such other reasons as may appear at a custody conciliation conference or hearing. WHEREFORE, Plaintiff requests Your Honorable Court to grant the relief as set forth above. I'll Date: October , 2007 MARTSON LAW OFFICES By H ert X. Gilroy, Esquire Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant .. - • VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ames D. Rose R? ?o V 1 K ?J Tip, CD 0 =1 ._7 T JAMES D. ROSE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARA M.SHEEHAN DEFENDANT 2007-6316 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 31, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 05, 2007 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John j. Mangan, r., Esq. , Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 101" A42 ?J •? OV4 1? DEC i 1 200 ,411 v JAMES D. ROSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6316 CIVIL ACTION LAW TARA M. SHEEHAN, IN CUSTODY Defendant ORDER OF COURT AND NOW this 1! day of 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and the Father shall share physical custody of Reagan as the parties may agree. 3. The Mother and Father shall share the transportation for the custody exchanges as mutually agreed upon. 4. Holidays and Birthdays: All holidays and Reagan's birthday shall be shared as the parties may mutually agree. 5. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Relocation: The parties have negotiated the physical custody agreement based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that Aw the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order via a relocation hearing. 8. This Order is entered pursuant to 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. The parties are directed to contact the assigned Conciliator to schedule a status update conference as necessary. J. Distribution: fer Spears, Esquire grace D'Alo, Esquire ,,,,Tbhn J. Mangan, Esquire V ,r VINVAUISNNJd A Nnoo SO -.I Nd 11 330 EODZ AMUCHICdd 3HL --10 40-OM __f JAMES D. ROSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6316 CIVIL ACTION LAW TARA M. SHEEHAN, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Reagan A. Rose 08/12/2006 Shared 2. A Conciliation Conference was held with regard to this matter on December 10, 2007 with the following individuals in attendance: The Mother, Tara M. Sheehan, with her counsel Grace D'Alo, Esquire The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date' John ?fanian, Esquire Cus d Conciliator F:\F1LES\C1ients\12807 J Rose\12807.1.petitioomodify Created: 9/20/04 0:06PM Revised: 7128/08 3:01PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES D. ROSE, Plaintiff/Petitioner V. TARA M. SHEEHAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 2007-6316 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the Plaintiff, James D. Rose, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers as follows: 1. Plaintiff is James D. Rose, an adult individual residing at 137 Wilson Street Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tara M. Sheehan, an adult individual residing at 7075 Villa Estelle Drive, Orlando, Florida 32819. 3. The parties are the parents of Reagan A. Rose, born August 12, 2006. 4. A Custody Conciliation Conference was held on December 10, 2007, before John J. Mangan, Esquire, Conciliator. 5. As a result of the conciliation, an Order was entered by agreement of the parties on December 14, 2007, a copy of which is attached hereto as Exhibit "A." 6. Mother moved to Orlando, Florida with the child on or about June 9, 2008. 7. Although the move was discussed between the parties, Mother failed to give Father 60 days written notice in accordance with Paragraph 7 of the Order. 8. Mother refuses to allow Father visitation with the child under the current Order and will only agree to very limited visitation with Father, if any. 9. Mother is currently unrepresented by counsel. 10. Father requests a conciliation be held on an expedited basis to restore equal periods of physical custody to him. WHEREFORE, Father/Petitioner prays Your Honorable Court to schedule an expedited conciliation conference. MARTSON LAW OFFICES I By_ Jennif . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 28, 2008 A RK LEDPAPER RfCYCWD ?x?b,i /? S. JAMES D. ROSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6316 CIVIL ACTION LAW DEC 112007 pall v TAR.A M. SHEEHAN, IN CUSTODY Defendant ?- ORDER OF COURT AND NOW this • „?"? " day of 11946004* , 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: CUgOX: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and the Father shall share physical custody of Reagan as the parties may agree. 3. The Mother and Father shall share the transportation for the custody exchanges as mutually agreed upon. 4. Holidays and Birthdays: All holidays and Reagan's birthday shall be shared as the parties may mutually agree. 5. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Relocation: The parties have negotiated the physical custody agreement based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that EXHIBIT "A" AhP the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order via a relocation hearing. 8. This Order is entered pursuant to 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. The parties are directed to contact the assigned Conciliator to schedule a status update conference as necessary. By ourt, J. Distribution: ??fer Spears, Esquire D'Alo, Esquire ,,,Ahn J. Mangan, Esquire ` V VERIFICATION The foregoing Petition to Modify is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 1?-er-- D. Rose 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 to Modify Custody Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Tara M. Sheehan 7075 Villa Estelle Drive Orlando, FL 32819 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 28, 2008 t V' v c ? w S r? rv sC:3 "fl r "y 1- 6 JAMES D. ROSE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARA M. SHEEHAN DEFENDANT 2007-6316 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, August 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 10, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ john j. Man an r. Es q. 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 S .Z "d - STI 901H, f '.8114 Adriana C. Lombardo, Esquire LAW OFFICE OF ADRIANA C. LOMBARDO I.D. No. 71272 7965 South Park Place Orlando, FL 32819 407-876-3618 Attorney for Respondent JAMES D. ROSE, Plaintiff/Petitioner; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. TARA M. SHEEHAN Defendant/Respondent NO.: 2007-6316 CIVIL ACTION - LAW IN CUSTODY RESPONSE TO PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the Defendant/Respondent, TARA M. SHEEHAN, by and through her attorney, ADRIANA C. LOMBARDO, and responds to Plaintiff's Petition and in so doing, states the following: 1. Respondent admits that Plaintiff, JAMES D. ROSE, is an adult individual. Respondent neither admits nor denies the remainder of the allegations of Paragraph 1. 2. Respondent admits the allegations of Paragraph 2. 3. Respondent admits the allegations of Paragraph 3. 4. Respondent admits the allegations of Paragraph 4. 5. Respondent admits the allegations of Paragraph 5. 6. Respondent admits the allegations of Paragraph 6. 7. Respondent admits in part and denies in part the allegations of Paragraph 7. No written notice was provided to Petitioner. However, the discussion between the parties referred to in the Petition was that both Petitioner and Respondent were planning to relocate to Florida. Accordingly, as it was to be a joint relocation, no written notice was required. Petitioner evidenced his intent to move together with Respondent is his letter to Respondent, wherein he states "When I get out, I would like to try and start over, go to Florida in a couple months." A copy of said letter is annexed hereto and made a part hereof as Exhibit "A". This letter was sent to Respondent via U.S. Mail posted on MAY 17, 2008. Said letter was written and directed to Respondent while Petitioner was residing in a drug rehabilitation center, specifically the Roxbury Rehabilitation Center, located at 601 Roxbury Road in Shippensburg, Pennsylvania, as evidenced on the envelope addressed to Respondent, a copy of which is also annexed and made a part of Exhibit "A". 8. Respondent denies the allegations of Paragraph 8. Since the time Respondent has taken up residence in Florida, Petitioner has come only once to visit the minor child, at which time he was allowed full access to the minor child. Further, Petitioner has not at any time since Respondent's relocation to Florida requested to visit with the minor child, with the exception that Respondent came to Florida in June of 2008. At that time, both parties travelled from Orlando to Vero Beach together. While in Vero Beach, both parties stayed at the home of Bob Rose, Petitioner's father. The purported reason Petitioner gave to Respondent for the visit was to go house hunting in Vero Beach so they could start over. Thereafter, Petitioner has only contacted Respondent approximately 5 times. Immediately upon receiving each and every communication, Respondent promptly responded. No request for visitation was imparted in these communications. 9. Respondent denies the allegations of Paragraph 9. Respondent is currently represented by Adriana C. Lombardo, Esq., of the Law Office of Adriana C. Lombardo, located in the County of Orange, State of Florida, which attorney is licensed to practice the state of Pennsylvania. 10. Respondent neither admits nor denies the allegations of Paragraph 10. 11. In further support of Respondent's Response to Petition to Modify Custody Order, Respondent states the following: a. Respondent has at no time, nor does she plan at any time, to deny Petitioner reasonable visitation with the minor child. b. Respondent believes and maintains that the minor child's relationship with Petitioner/Father is important and should be maintained, within reasonable protective standards so as to maintain the integrity of the Father/child relationship and specifically for the protection of the minor child. Specifically, Respondent avers the following reasons for concern for the child's safety: L Upon information and belief, Petitioner, was detained while in transit travelling to Florida. During a stop-over at Baltimore/Washington International (BWI) Airport, Petitioner, Petitioner fell asleep in the airport with the minor child. This matter was apparently reported to airport security, who contacted the Maryland Transportation Authority Police, and a complaint was filed, evidencing the seriousness of the situation. A copy of the Complaint Control Card for said incident is annexed hereto as Exhibit "B". ii. That upon information and belief, Petitioner is currently residing with his mother, in her home. That upon information and belief, also residing there is Petitioner's brother, ROBERT OTWAY ROSE. That upon further information and belief, there is an existing warrant for the arrest of ROBERT OTWAY ROSE on drug related charges, which warrant has been issued by the State of Florida, and remains open and issued. A copy of the public records regarding said Warrant is annexed hereto as Exhibit "C". iii. That upon information and belief, the minor child would have no room of her own while visiting with Petitioner; that in fact, the minor child would be sleeping in a playpen/pack-n-play located in a closet. Upon further information and belief, said closet is also acts as a home office for the child's grandmother, housing a desk, printer and stand, and an executive chair. Said additional furniture leaves very limited space for the child to play or grow into. Further, the child is growing, and now requires, at the very least, a toddler bed, which could not fit into this space. iv. That upon information and belief, upon Petitioner's discharge from the Roxbury Rehabilitation Facility, Petitioner received the recommendation that he seek outpatient services in furtherance of his drug rehabilitation, and that Petitioner failed to obtain such outpatient services. As Petitioner has only communicated with Respondent approximately three to four times in the last several months, Respondent has no way of knowing whether Petitioner has relapsed and recommenced his abuse of illegal narcotics. V. That upon information and belief, Petitioner has sought and obtained an apprenticeship position which requires that he be at work from 6:30 a.m. to 6:30 p.m., and that he will be commencing college studies two evenings a week after work, and will be in classes for approximately three hours on each of those days. Upon further information and belief, pursuant to the apprenticeship, Petitioner is apparently required to travel one week out of each and every month to a location approximately 1 `/2 hours from his home, and will be required to remain there the entire week, and will not return home until the end of the week. vi. That upon information and belief, while Petitioner is either at work or at school, the minor child will spend the day at day care and will not, in actuality, be visiting with Petitioner. Further, there are two days each week, in addition to the one week per month that Petitioner's work/school schedule will not allow Petitioner to timely retrieve the minor child from any day care facility. vii. That upon information and belief, Petitioner filed the instant application in retaliation of Respondent's application for child support with the State of Florida Department of Children and Families. A copy of Respondent's Application is annexed hereto as Exhibit "D". Respondent notified Petitioner of the application, further advising him that the reason for submitting said application was to seek application for affordable medical insurance for her children. Immediately after being notified, Respondent received correspondence from Petitioner's legal counsel dated the same day that Respondent notified Petitioner of said application. Accordingly, Respondent believes that the within application was filed with the sole purpose to harass Respondent. Further, said application was made ex-parte on an expedited basis. Petitioner knew how to locate and communicate with Respondent, there was no danger or harm that would or could have occurred, and at no time since Respondent's relocation to Florida has Petitioner been denied visitation. As stated above, to the contrary, Petitioner has never requested visitation. Accordingly, this matter should not have been filed by ex- parte application, but rather by providing appropriate and timely notice affording Respondent the opportunity to appear and be heard. viii. Despite Respondent's immediate communication to Petitioner's attorney upon receipt of a demand letter, Respondent received the within Petition to Modify Custody Order by letter dated July 29, 2008. Despite the date of the letter, notice was not actually sent from counsel's office until August 4, after the hearing had already taken place. A copy of the transmittal letter and envelope are annexed hereto as Exhibit "E". Accordingly, the application was improperly sought and was made for an improper purpose and should be dismissed in its entirety. C. Respondent appears in this matter so as to protect her rights. d. Mother, however, continues to recognize the importance of the Father/daughter relationship and fully encourages the continued growth of said relationship, so long as it is done in a setting that ensures the security of the child. Respondent will allow Father to freely visit the minor child whenever he is in Orlando, and is further willing to provide room and board for Petitioner so as to encourage his visits to the child. Respondent is also willing to allow Petitioner to freely visit with the child at any time that she travels to Pennsylvania. Respondent is further open to creating a holiday schedule rotation which she believes would be beneficial but secure providing adequate space is provided for the minor child while visiting, and further upon the condition that Petitioner be responsible for financing the transportation of both the minor child and Respondent for any such visits, together with full financing of Respondent's lodgings, meals and any and all other appropriate expenses incurred. e. As stated above, it is believed that Petitioner is now gainfully employed. To date, however, Petitioner has given no financial assistance to Respondent for the child's benefit or welfare. Respondent herein requests an award of temporary child support so that application may be made with the court for an award of permanent child support under the requisite statutory Child Support Guidelines. f. As it is believed that this application was made for the sole purpose of harassing and frustrating my client, and in retaliation to Respondent's application for child support, and is, as such, in appropriate, Respondent herein requests an award of attorney's fees and costs associated with defending this application and any appearances made in its prosecution. WHEREFORE, Respondent prays requests the following: 1. That Petitioner's application be deemed dismissed; 2. In the alternative, the above factors be taken into consideration and that said order allow for visitation as requested by Respondent hereinabove, setting forth appropriate security measures for the child's protection, safety and her best interests; 3. Temporary award of child support; 4. Attorney's fees and costs; 5. Such other and further relief as this Court deems just and equitable. A RIANA C. LOMBARDO, ESQ. 7965 South Park Place Orlando, FL 32819 (407) 876-3618 Attorney for Respondent Tara M. Sheehan Dated: September 5, 2008 VERIFICATION The foregoing Response to Petition to Modify Custody Order is based upon information which has been gathered by my counsel in the preparation of this Response. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. &An TARA M. SHEEHAN t?CI41BIT X C, CC, D)apt yro v,4d 4 ?I'M e 'V\ nc?Mr ?G ids op yc-t-) j ; 11 CJ 44 L- c Y% p _ev 41,1-%; ? . .. ? +,n Wr /,? to E C^ o- (l tv d c -Yab r V)c ii ;f E F ? ?. cam ''l?n` i5 J cc S?.re? ?'C1?/' c-,t E r FL. E1 J' T?•?'Glsj ;F r, 1 9i ? 1 Izi Y" N r ?n a 1 ;r? EXHIBIT B AUG/27/,2008/WED 11:59 AM MdTA Records FAX No.4105377706 P. 001 I?`•"j?e .,',dlt: :-f=oarri`t; .:Records.: Topic ;endow tielp. Maryland Transportation Authority Pollee 4330 Broening Highway Baltimore, MD 21222 Director, Central Records 410-537-7728 - work 410-446-7943 - cell 410-537-7706 - fax =EQrToQmdta state and ua 8/25/2008 EXHIBIT C WaN.ted 1>MO 1. AetCIUS WANTED PERSONS SEARCH RESULTS DETAILS Do you have information about a missing or wanted person or believe any of the information below to be inaccurate? Help If you have information about a missing or wanted person, do not take action on your ownl Please complete the Missing or Wanted Person Tip Form by clicking on the Send a Tip button or you may contact the reporting agency at (561) 978-6126 . [if you wish to report a tip without disclosing your name, you may do so.] Florida Department of Law Enforcement - Wanted Person Name: ROSE, ROBERT OTWAY_ Nicknames:: Aliases: Offense:; Probation Violation Reporting A enc :! Indian River Sheriffs Office Agency Case 120071325 Date of Warrant:! 09/20/2007 Warrant #: 120071325 Date of Birth:' 08/10/1981 Race:; WHITE Sex:; MALE Height:` 5'10" i Weight:] 200 Hair Color:! BROWN Eyes Color:] HAZEL Scars Marks, Tattoos:; TATTOO, ARM, LEFT; TATTOO, SHOULDER, NONSPECIFIC Occu ation:" _ 1? -_ Last Known Address City and State:: httP://PAS. fdl.e.StAte. f?..uS/PAS/PCYSOw/VieWWAv?tedPeYSOw-11325439?.A page 1 of :L 8/13/2008 EXHIBIT D /STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES RETURN ADDRESS APPOINTMENT FOR INTERVIEW AND PENDING NOTICE PEGGY CARTWRIGHT P. 0. BOX 575001 ORLANDO FL 32857 ACCESS ELIGIBILITY SPECIALIST PHONE: (866) 762-2237 MAILING ADDRESS FAX: (866) 735-2469 MAILING DATE 06/23/2008 TARA SHEEHAN 7075 VILLA ESTELLE DR ORLANDO FL 32819 PAYEE-NAME: TARA SHEEHAN CASE: 1219169331 ACCESS NUMBER: 613156995 Dear TARA SHEEHAN: 10 In order to finish your application, all information listed below must be received at the address on this letter, or faxed to the number shown above, no later than 07/03/2008. You must contact us and/or provide the requested information by the date listed above. If you do not complete your interview and/or provide the information by the date(s) listed, we will not be able to determine your eligibility and your application will be denied or your benefits canceled. If you are unable to contact us by the dates above, or if you need help in obtaining this information, or if you need additional time to provide this information, please contact us at the number listed above. Please provide the following information: /PLEASE COMPLETE AND SIGN THE ATTACHED "FINANCIAL INFORMATION RELEASE" FORM /PLEASE CONTACT DEPARTMENT OF REVENUE CHILD SUPPORT ENFORCEMENT AND ,,COMPLETE UP-FRONT COOPERATION INTERVIEW /PROOF OF CITZENSHIP FOR ALL-HOUSEHOLD MEMBERS APPLYING FOR MEDICAID. PLEASE COMPLETE THE ATTACHED FORMS TO PROVIDE PROOF IF OTHER DOCUMENTATION IS NOT AVAILABLE. PENDING FOR UP FRONT COOPERATION WITH CHILD SUPPORT.AT 400 W. ROBINSOSN ST. ORLANDO, FL. 32801 AND BIRTH CERTIFICATGE FOR TARA. In accordance with the Federal law and state policy, the Department of Children and Families is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, religion, political belief, or marital status. For TDO or TTY services, please call 1-800-955-8771. Continued on page 02 AE39 FORM : CF-ES 157 02 2007 ^^'-,?°- EXHIBIT E MAR.TSON DEA}.RDOR-fF W ILLIAMS OTTO 'GILROY & FALLER M D`r ?iUN TSON WILLIAM F. MAR DAVID A. FrIZSIhIONS s-`- - JOHN B. FOWLER III CHRISTOPHER E. RICE ` F I G S LAW ? I?ANIF.L K: I?EARDCIRFP * JENNIFER I.. SPEARS i THOMAS J. WILLIAMS SETH 1. IVIOSEBEY Iv0 V. 01TO III TRUDY B. FZHLINGER 10 -F,AST HIGH STREET HUBERT X Gu ROY 11ATI$ J. MAXWELL CARLISLE, PENNSYLVANIA 17013 GEORGE B. FALLER JR * , TELEPHONE (717).243-3341 *BOARD 'CsxnriEDCMLTaw Sracausr FAcsIIaE (117) 243-1850 INTERNET W W W martsonlaw..com July 29, 2008 Ms. Tara M. Sheehan 7075 Villa Estelle Drive Orlando, FL 3281.9 RE: James D. Rose v. Tara-M. Sheehan Our File No. 12807.1 Dear Ms. Sheehan: We enclose for service upon you a time-stamped copy of a Petition to Modify Custody Order. Very truly yours, MA `ON LAW OFFICES J' L. Spears JLS/tde Enclosure cc: Mr. James D. Rose F:OLESlCliwut 12807JRose\12807.1.ts2 INFORMATION ADVICE ADVOCACY SM CERTIFICATE OF SERVICE I, Adriana C. Lombardo, hereby certify that a copy of the foregoing Response to Petition to Modify Custody Order was served this date by facsimile and further by depositing same in the Post Office at Windermere, FL, first class mail, postage prepaid, addressed as follows: Jennifer L. Spears, Esq. Martson Law Office 10 East High Street Carlisle, PA 17013 John J. Mangan, Esq. Bayley & Mangan 17 W. South Street Carlisle, PA 17013 ava?) ADRIANA C. LOMBARDO, ESQ. Law Office of Adriana C. Lombardo 7965 South Park Place Orlando, FL 32819 407-876-3618 Dated: September 5, 2008 rh> ET* JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this POr ay of September 2008, upon consideration of the attached Custody Conciliation Report, it iedand Directed as follows: Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody of Reagan pursuant to Father's periods of partial physical custody as follows: a. Father shall have custody of Reagan after Mother's Day in May until the end of July every year (approximately ten (10) weeks). b. Father shall have custody of Reagan two (2) weeks every spring around Easter. C. Commencing 2008, Father shall have custody of Reagan every even year for Thanksgiving for two (2) weeks. d. Christmas shall be alternated every other year with Father having physical custody of Reagan for two (2) weeks over the Christmas holiday commencing Christmas 2009. e. Father by agreement shall arrange and transport Reagan to and from Florida for these periods of physical custody. f. The parents are directed to arrange the specific dates for the custody exchanges between themselves by mutual agreement. In the absence of agreement, the parties shall contact the assigned conciliator to determine the dates and times for the exchanges. g. Father shall have additional periods of physical custody in Florida or in Pennsylvania as the parties may agree. 3. The Father shall forward verification of his attendance for his counseling upon request by Mother. 4. The parties shall provide to one another names and contact information of any and all individuals/providers of the physical care of Reagan while Reagan is in that'parent's care. Hr. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Any and all phone calls left by the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Child at least one time per day no later then 8:00 pm. 6. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to 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. J. Distribution: ?fennifer Spears, Esquire ,/Adriana Lombardo, Esquire, 7965 South Park Place, Orlando, FL 32819 ?John J. Mangan, Esquire COP IeS ry??ll£cl? 9A 1.01ce - 1 u.NICY' Z4,. ; I W8 9 183S 0802 JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Reagan A. Rose 08/12/2006 Mother 2. A Conciliation Conference was held with regard to this matter on December 10, 2007, an Order issued December 14, 2008 and a conciliation conference was held September 10, 2008 with the following individuals in attendance: The Mother, Tara M. Sheehan, appeared telephonically with her counsel Adriana Lombardo, Esq. The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 0 Date John J F:1F)LFS1Clients112807 J Rose\12807.Lpeti ionmodify2 Created: 9/20/04 0:06PM Revised: 1/9J09 9:27AM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES D. ROSE, Plaintiff/Petitioner V. TARA M. SHEEHAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 2007-6316 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the Plaintiff, James D. Rose, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers as follows: 1. Plaintiff is James D. Rose, an adult individual residing at 137 Wilson Street Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tara M. Sheehan, an adult individual residing at 7075 Villa Estelle Drive, Orlando, Florida 32819. 3. The parties are the parents of Reagan A. Rose, born August 12, 2006. 4. A Custody Conciliation Conference was held on September 10, 2008, before John J. Mangan, Esquire, Conciliator. 5. As a result of the conciliation, an Order was entered by agreement of the parties on December 16, 2007, a copy of which is attached hereto as Exhibit "A." 6. Father has had custody of the child since the week of November 17, 2008, to the present. 7. Mother has told Father repeatedly that he can keep the child. 8. Further, Mother is unemployed and cannot support the child. 9. Mother's father and mother have contacted Father directly as they are concerned about Mother continuing to go to parties, sleeping all day, allowing the child to wander off by herself, and pawning the child off on other family members when the child is in Mother's custody. 10. Mother does not have a vehicle as she wrecked her vehicle. 11. Father is concerned that Mother is abusing a prescription for Adderall as a stimulant and that she does not really have ADD. 12. Mother has told Father that she may want the child back in February and Father is concerned for the child's well being if she is returned to Mother's Custody. 13. Father is requesting primary physical custody of the child for the reasons set forth above. 14. Mother has told Father that she is not represented by counsel; however, she was previously represented by Adrianna Lombardo, Esquire, of Orlando, Florida. 15. Father requests a conciliation to be scheduled at the Conciliator's earliest convenience. WHEREFORE, Father/Petitioner prays Your Honorable Court to schedule Conciliation Conference at the Conciliator's earliest convenience. MARTSON LAW OFFICES By - i v Jennife Spears, Esquire 10 East gh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: January 9, 2009 JAMES D. ROSE. Plaintiff V. T ARA 'M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COM'1A4ON PLEAS OF' CU,'1QBERLAND COUNTY. PENNSYLVANIA No. 0 -6316 CIVIL ACTION LAVA" IN CUSTODY ORDER OF COURT .AND NOW this day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody of Reagan pursuant to Father's periods of partial physical custody as follows: a. Father shall have custody- of Reagan after Mother's Day in May until the end of July every year (approximately ten (10) weeks), b. Father shall have custody of Reagan two (2) weeks every spring around Easter. C. Commencing 2008, Father shall have custody of Reagan every even year for Thanksgiving for two (2) weeks. d. Christmas shall be alternated every other year with Father having physical custody of Reagan for two (2) weeks over the Christmas holiday commencing Christmas 2009. e. Father by agreement shall arrange and transport Reagan to and from Florida for these periods of physical custody. f. The parents are directed to arrange the specific dates for the custody exchanges between themselves by mutual agreement. In the absence of agreement, the parties shall contact the assigned conciliator to determine the dates and times for the exchanges. g. Father shall have additional periods of physical custody in Florida or in Pennsylvania as the parties may agree. The Father shall forward verification of his attendance for his counseling upon request by Mother. 4. The parties shall provide to one another names and contact information of any and all individuals;"providers of the physical care of Reagan while Reagan is in that parent's care. EXHIBIT "A" The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Any and all phone calls left bN the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Child at least one time per day no later then 8:00 pm. 6. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to 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. J. Distribution: .Jennifer Spears, Esquire Adriana Lombardo. Esquire. 7965 South Part: Place, Orlando, FL 32819 John .1. Mangan, Esquire JA\,IES D. ROSE. Plaintiff TARA M. SHEEHAN. Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF CO'.MMON PLEAS OF CU:NvIBERAND COUNTY. PE'NSYL\-;-N1A No. 0-631 6 CIVIL ACTION LAVE' IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Reagan A. Rose 08/12/2006 Mother 2. A Conciliation Conference was held with regard to this matter on December 10, 2007, an Order issued December 14, 2008 and a conciliation conference was held September 10, 2008 with the following individuals in attendance: The Mother, Tara M. Sheehan, appeared telephonically with her counsel Adriana Lombardo, Esq. The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. a Date John J gar, Esquire Custo y Conciliator; VERIFICATION The foregoing Petition to Modify is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. James D. Rose 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 to Modify Custody Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Tara M. Sheehan 7075 Villa Estelle Drive Orlando, FL 32819 Adriana Lombardo, Esquire 7965 South Park Place Orlando, FL 32819 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 9, 2009 MARTSON LAW OFFICES IZ C EP Q tw JAMES D. ROSE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TARA M.SHEEHAN DEFENDANT 2007-6316 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 20, 2009 at 8:30 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. 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/ john . Mang-an, r. Es q. Custody Conciliator F1 I 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 J ?=5f ?/F ? rt .p]t of J?i?.? { e? 9 ? :7, d OZ NVr 60OZ JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. 3°1 3 MAR Z 3 ZUW(, J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this e day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father shall have primary physical custody of Reagan pursuant to Mother's periods of partial physical custody as follows: a. Mother shall have physical custody/visitation with Reagan at Maternal Grandmother's, Kelly-ann Gash's, residence at such times as the Child is able to travel to Florida. b. Mother shall have additional periods of physical custody with Reagan in Florida or in Pennsylvania as the parties may agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Any and all phone calls left by the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Child at least one time per day no later then 8:00 pm. 5. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. A status update conference with the assigned conciliator is hereby scheduled for April 28, 2009 at 2:00 pm at the Court of Common Pleas in Carlisle, PA 17013. The parties may appear telephonically for their convenience. 9. This Order is entered pursuant to 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. J. Distribution: Jennifer Spears, Esquire ?ara Sheehan, 233 Belgian Way, Sandford, FL 32773 ?ohn J. Mangan, Esquire 4 j C '` t ? 60 :6 V SIC NVW600Z . i " " JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVH, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Reagan A. Rose 08/12/2006 Currgntly in the Custody of Father 2. A Conciliation Conference was held with regard to this matter on December 10, 2007, an Order issued December 14, 2008, a conciliation conference was held September 10, 2008, an Order issued September 16, 2008 and a conference was held February 20, 2009 with the following individuals in attendance: The Mother, Tara. M. Sheehan, appeared telephonically pro se The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 1. 1 71le4f dz Z-- 5 i: t - Date John J. squire Custody o ciliator i Y JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. APR 2 9 200A / LJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ?61?day of April 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father and Mother shall arrange physical custody of Reagan as follows: a. Mother shall have physical custody of Reagan May 31, 2009 until August 15, 2009. b. Mother shall have physical custody of Reagan from December 1, 2009 until January 15, 2010. C. Mother has agreed, and shall, provide the transportation obligations between Florida and Pennsylvania. d. Father has all other periods of time not outlined above. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Any and all phone calls left by the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Child at least one time per day no later then 8:00 pm. 5. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. .1 06 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. A status update conference with the assigned conciliator is hereby scheduled for January 15, 2010 at 1:00 pm at the Court of Common Pleas in Carlisle, PA 17013. This date is specifically selected because of Mother returning Reagan to Pennsylvania. In the event this date changes, the parties shall notify the assigned conciliator of the change of date. 9. This Order is entered pursuant to 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. J. Distribution: Jennifer Spears, Esquire ?Ioz Sheehan, 806 Arlington St., Orlando, FL 32805 J. Mangan, Esquire 6z mat U9, '?/ 3C?/dg 13 0 :7- Hj 0C ?dv 600/1' JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Reagan A. Rose 08/12/2006 Currently in the Custody of Father 2. A Conciliation Conference was held with regard to this matter on December 10, 2007, an Order issued December 14, 2008, a conciliation conference was held September 10, 2008, an Order issued September 16, 2008, a conference was held February 20, 2009, an Order of Court issued March 23, 2009 and a conciliation conference was held April 28, 2009 with the following individuals in attendance: The Mother, Tara M. Sheehan, appeared pro se The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John . M gan, Esquire Cu ody onciliator '?- - JAN 2 0 2010 - FLE?Qt_F:C=_ JAMES D. ROSE, ,,F THE n' ?RYIN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2010 JA1122 p;9 1: 52 V. No. 07-6316 CIVIL ACTION LAW TARA M. SHEEHAN, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this JW? day of January 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant,tg a Custody Conc' iation Conference. A Custody Hearing is hereby scheduled on the ati day of IM , 2010 at Vr am,?#t in Courtroom number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. 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 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. 3. Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Pending the scheduled Court hearing, the Father shall have physical custody of Reagan A. Rose here in Pennsylvania. Mother shall have physical custody of Reagan as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Any and all phone calls left by the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Child at least one time per day no later then 8:00 pm. 5. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. This Order is entered pursuant to 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. J. Dom' tribution: ?Jee fifer Spears, Esquire ?T?a Sheehan, 806 Arlington St., Orlando, FL 32805 -John J. Mangan, Esquire Co f Its .mac ?? JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Reagan A. Rose 08/12/2006 Currently in the Custody of Father 2. A Conciliation Conference was held with regard to this matter on December 10, 2007, an Order issued December 14, 2008, a conciliation conference was held September 10, 2008, an Order issued September 16, 2008, a conference was held February 20, 2009, an Order of Court issued March 23, 2009, a conciliation conference was held April 28, 2009, an Order was issued April 30, 2009 and a conference was held January 15, 2010 with the following individuals in attendance: The Mother, Tara M. Sheehan, appeared pro se The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esq. 3. Father's position on custody is as follows: Father would like to have primary custody of Reagan. While the Child has been with Mother down in Florida, Father alleges that he has gotten reports that there are concerns about Mother's ability to properly supervise Reagan and there are concerns about Mother's ability to adequately provide food for Reagan. Father alleges that since Reagan went to Florida, Reagan's behaviors have regressed and that she no longer is potty-trained. Father also indicates that there appear to be some behavior issues as well, such as not sleeping through the night and not being able to sleep alone. Father has concerns about the stability of Mother and is concerned about the safety and well-being of Reagan when she is in Mother's care. Father indicated that at this point, he would only feel comfortable with Reagan going to Florida for two weeks. 4. Mother's position on custody is as follows: Mother indicates that Reagan's time down with her went extremely well. Mother indicates that she now is employed and has the financial resources to care for Reagan. Mother indicates that she lives with her son, Justin, who is thirteen years old. Mother indicates that it is very important for Reagan to spend substantial time with her and her son. Mother indicates that some sort of shared custody situation would be appropriate. Mother suggested three months on and three months off for Reagan until she starts school. Mother indicates that she is equally able to care for Reagan as Father is. Mother too reports that she is concerned only with what is best for Reagan. (IJ 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one whole day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John J. gan, Esquire Custody C nciliator F:\FILESTlients\12807 J Rose\12807.I.pet for school records.wpd Revised: 3/4/10 2:29PM OF THE PROTHCNOTAPY 2010 MAR -4 PM 3: 01 Jennifer L. Spears, Esquire `"UN MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLERCUMB' - "D MARTSON LAW OFFICES PEENNS YLVA 1 I.D. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES D. ROSE, Plaintiff/Petitioner V. TARA M. SHEEHAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 2007-6316 CIVIL ACTION - LAW : IN CUSTODY PETITION FOR COURT ORDER FOR SCHOOL ATTENDANCE RECORDS AND NOW, comes the Plaintiff, James D. Rose, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers as follows: 1. Plaintiff is James D. Rose, Father, residing at 137 Wilson Street Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tara M. Sheehan, Mother, residing at 806 Arlington Street, Orlando Florida 32805. 3. The parties are the parents of Reagan A. Rose, born August 12, 2006. 4. A hearing on custody of the child is scheduled before the Honorable Judge Guido on March 29, 2010. 5. At issue during the hearing is Mother's fitness to parent the child unsupervised for numerous reasons. 6. Mother and Father lived together in Florida from 2004 to 2006. 7. Mother and Father then moved to Pennsylvania and lived together from December, 2006 until the Fall of 2007. 8. Mother has another child, Justin Sheehan, currently age 13, who lived with Mother and Father while they were living together. Justin is not Plaintiff's child. 9. When Justin lived in Pennsylvania from December of 2006 to June of 2008 he attended both Crestview Elementary School and Hamilton Elementary School, both in the Carlisle School District during the 2006-2007 and 2007-2008 school years. 10. Father believes and therefore avers that Justin had an extensive number of absences and tardies while attending school in Cumberland County, mainly when living with Mother alone. 11. Father avers that Justin also failed to advance a grade during one of those school years. 12. Father believes that obtaining the attendance records for Justin would show the serious attendance problems and therefore Mother's irresponsibility and unfitness as a parent. 13. Mother is pro se. 14. Father requests an Order of Court allowing and directing the Carlisle School District to produce Justin Sheehan's attendance records for the hearing on March 29, 2010 concerning the custody of Reagan Rose. 15. In speaking with the Solicitor for the Carlisle School District, he suggested a court order would be preferable for the requested information, however we are prepared to issue a subpoena for same. 16. Judge Guido has signed previous Orders in this matter and will hold the custody hearing on March 29, 2010. WHEREFORE, Father/Petitioner requests an Order of Court allowing and directing the Carlisle School District to produce Justin Sheehan's attendance records for the hearing on March 29, 2010 concerning the custody of Reagan Rose.. MARTSON LAW OFFICES By Je ife L. Spears, Esquire 10 ast High Street Carlisle, PA 17013 (717) 243-3341 Date: March 4, 2010 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 Petition for Court Order for School Attendance Records was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Tara M. Sheehan 806 Arlington Street Orlando Florida 32805 MARTSON LAW OFFICES ,414 B Tricia D. -Eck enroa Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 4, 2010 MAR 0 5 2010 JAMES D. ROSE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner COUNTY, PENNSYLVANIA v. NO. 2007-6316 CIVIL ACTION - LAW TARA M. SHEEHAN, Defendant/Respondent IN CUSTODY ORDER A AND NOW, this? day of March, 2010, upon consideration of Father's Petition for Court Order for School Attendance Records, it is ordered that the Carlisle School District produce Justin Sheehan's attendance records for the hearing scheduled on March 29, 2010, no later than Wednesday, March 24, 2010, to Jennifer L. Spears, Esquire, 10 East High Street, Carlisle, PA 170!;. "ro, C, W= C,r,R. L,re a, ?- • , WC RT Edward E. Guido, J. cc: .' rara ifer L. Spears, Esquire - Attorney for Plaintiff M. Sheehan, Pro Se Defendant 3(8 /!o f ono 01 0l F:\F1LES\Chents\ 12807 J Rose\ ] 2807.1.mot.phomtcstim.wpd Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES D. ROSE, Plaintiff/Petitioner V. TARA M. SHEEHAN, Defendant/Respondent r nn f'=n*'+??'"'1 ",r THE Fr' Cpl rE;v 'iy\ r , ia. IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 2007-6316 CIVIL ACTION - LAW : IN CUSTODY PLAINTIFF'S MOTION FOR TESTIMONY BY TELEPHONE OF OUT-OF-STATE WITNESSES AND NOW, comes the Plaintiff, James D. Rose, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and seeks confirmation by the Court as follows: 1. Plaintiffis James D. Rose, Father, residing at 137 Wilson Street Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tara M. Sheehan, Mother, residing at 806 Arlington Street, Orlando Florida 32805. 3. The parties are the parents of Reagan A. Rose, born August 12, 2006. 4. A hearing on custody of the child is scheduled before the Honorable Judge Guido on March 29, 2010. 5. At issue during the hearing is Mother's fitness to parent the child unsupervised for numerous reasons. 6. While the child was in Florida under the various prior custody orders, she was cared for by Mother's parents, Kelly Gash and Robert Sheehan, in both of their homes. Mother also lived with Mr. Sheehan for a period of time during 2008-2009 when she first took the child to Florida. 7. Mother also lived with a boyfriend, Casey Grover, during the time period in 2009 when she had the child in Florida. 8. Plaintiff has subpoenaed Kelly Gash, Robert Sheehan and Casey Grover to testify during the hearing on March 29, 2010, concerning things they witnessed, care they gave the child (and Mother's other child, Justin Sheehan, who is not Father's child) when Mother failed to, and as to Mother's general fitness and well-being to parent Reagan. 9. Kelly Gash is currently employed and also battling cancer. She cannot miss work for reasons other than medical treatments and testing. 10. Robert Sheehan and Casey Grover are both employed and cannot take several days off from work to attend the hearing in person. 11. Plaintiff believes the testimony of these three Florida witnesses is crucial and therefore, respectfully requests they be able to testify by telephone during the hearing and avoid having to travel to Pennsylvania for a few days. 12. Mother is pro se and has not been contacted for concurrence as it is not required. 13. Judge Guido has signed previous Orders in this matter and will hold the custody hearing on March 29, 2010. WHEREFORE, Plaintiff respectfully requests this Honorable Court to approve Plaintiff s request to allow Kelly Gash, Robert Sheehan and Casey Grover to testify via telephone during the March 29, 2010, hearing. MARTSON LAW OFFICES By Jennife pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 15, 2010 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 Motion served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Tara M. Sheehan 806 Arlington Street Orlando, Florida 32805 MARTSON LAW OFFICES Y ricia D. Eckenroad - Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 15, 2010 3 MAR 16 2010 A JAMES D. ROSE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner COUNTY, PENNSYLVANIA V. NO. 2007-6316 CIVIL ACTION - LAW TARA M. SHEEHAN, Defendant/Respondent IN CUSTODY ORDER upon consideration of Plaintiff's Motion for AND NOW, this ? ? day of March, 2010, Testimony of Out-Of-State Witnesses by Telephone, the Court approves this request and Kelly Gash, Robert Sheehan and Casey Grover, may testify via telephone during the March 29, 2010, hearing. B HE COU , Edward E. Guido, J. cc: " Zi- ifer L. Spears, Esquire - Attorney for Plaintiff Tara Sheehan, Pro Se Defendant, 806 Arlington Street, Orlando, Florida 32805 0-4 P 1•Es rna t Lek 31,41!6 ?:J-: rq o 0 n a o .c- U JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 29th day of March, 2010, after hearing, the following custody order shall replace all prior orders: Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The parties shall share physical custody on a two month on/two month off basis as follows: a. Mother shall have physical custody of Reagan beginning May 1, 2010, through July 1, 2010. b. Father shall have physical custody of Reagan from July 1, 2010, for two months, and the parties shall alternate every two months thereafter. C. The party receiving custody of the child shall pick the child up at the home of the custodial parent and be responsible for transportation of the child to his or her home. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Any and all phone calls left by the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Child at least one time per day no later then 8:00 pm. 4. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. a 6. During any periods of custody or visitation, the parties shall not possess or use non- prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. This Court shall maintain jurisdiction of this matter. 8. The parties will correspond with each other on a daily basis by way of e-mail. The e- mail shall be instituted by the custodial parent in which he or she shall discuss something of note in the child's life for that day. The non-custodial parent will then reply. By th -otA, Edward E. Guido, J. Jennifer Spears, Esquire For the Plaintiff ara Sheehan 1907 East South Street Orlando, FL 32805 :mlc CDP[ ;E,s 0 O t Y' S F:\F1LES\CGents\12807 J Rose, 12807.1pet 1py Hubert X. Gilroy, Esquire 2010 ?tE?'' 19 F! . ?i fi It Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLFJUt, r MARTSON LAW OFFICES PL I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES D. ROSE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TARA M. SHEEHAN, Defendant/Respondent : NO. 2007-6316 CIVIL ACTION - LAW IN Q4USTODY PETITION FOR SPECIAL RELIEF OR IN THE ALTERNATIVE FOR RECONSIDERATION AND NOW, comes Petitioner, James D. Rose, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers as follows: 1. Plaintiff is James D. Rose ("Father"), an adult individual residing at 137 Wilson Street Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tara M. Sheehan ("Mother"), an adult individual residing at 806 Arlington Street, Orlando, Florida 32805. 3. The parties are the parents of Reagan A. Rose, born August 12, 2006. 4. A custody hearing was held on March 29, 2010, before the Honorable Edward E. Guido. 5. The hearing was scheduled for a full day, to begin a 9:15 a.m., but did not commence until approximately 1:00 p.m., because Mother did not arrive on time, citing "flight difficulties." 7. At the end of said hearing, Judge Guido entered an Order granting shared legal and physical custody to both parents. Op ?4L eke ??? 01f ?- a?3a.77 8. The Order originally stated Mother could take the child to Florida on March 30, 2010. 9. Mother requested to wait to get the child until May 1, 2010, and the Order was re- dictated by Judge Guido to reflect the new date of exchange and to allow Mother time with the child on from 6:00 p.m. on March 29, 2010, until 8:00 p.m., March 30, 2010. 10. Parental grandmother took the child to Mother's hotel for the visit on March 29, 2010, by 6:00 p.m., but Mother did not arrive to exercise her custodial time until 6:45p.m. 11. Following the hearing, Mother requested to Father that she get the child on June 1, 2010, not May 1, 2010. 12. Except for one overnight on March 29, 2010, Mother has not had the child since January 15, 2010, and has not shown sufficient interest in sharing custody of the child on a 50/50 basis, as she requested and was granted. 13. Father had requested that Mother only have supervised visitation and presented evidence to support that request at the hearing. 14. At the hearing, Father intended to call members of Mother's family as witnesses but just prior to the hearing they expressed they would not testify so as to preserve a relationship with Mother to ensure they could still care for her son. 15. Mother's mother, Kelly-ann Gash, would now like to make the Court aware of her position and some pertinent facts. Attached hereto as Exhibit "A"is an Affidavit supported by her letters attached to it as Exhibits A, B, and C, she wrote concerning Mother, her testimony at the hearing, her position on custody, and the welfare of the child which, in pertinent part provides: • Mother has left Regan and Reagan's half-brother, Justin, alone with the grandmother and/or her ex-husband, Robert Sheehan (Justin and Reagan's grandfather), for days and sometimes weeks on at a time without contacting the children or the grandparents as to her whereabouts. • During Reagan's last visit with Mother in Florida in December, 2009 to mid-January, 2010, the grandmother had physical custody of her 75% of the time. • Mr. Sheehan and the grandmother had been called by Justin to get he and Reagan as they were hungry and Mother would be sleeping and/or not interacting with the children. • It was after the hearing the grandmother learned that Mother told the Court that Justin has always lived with her. This is untrue. He has lived with Mr. Sheehan or the grandmother the majority of his 13 years and they have provided the emotional, physical and financial support to Justin. • At this time, it is the grandmother's belief that the Order of March 23, 2009, should be reinstated to allow Mother to have only supervised visits during summer and alternate holidays with Regan by the grandmother, Mr. Gash or Mr. Sheehan. 16. At the hearing, Father provided ample evidence and testimony as to why it was in the child's best interest to remain in Father's physical custody primarily, including: a. Mother sleeps for days at a time and fails to supervise the child; b. Mother fails to properly care for the child or her other child, including failing to properly feed them or show responsibility; C. Mother has had numerous moves in the last three years (at least five) and has failed to maintain employment for more than three months at a time, or at all; d. Mother has failed to get her other child to school, and in his last year in Pennsylvania, he missed approximately a quarter of the school year unexcused because Mother stated he did not want to go. e. The child has suffered developmental setbacks while in Mother's custody such as returning to Father in "pull-up" diapers when she was potty trained when she left Father. This caused problems when she returned to day care. Also, the child exhibited stressed behavior and fear at night of being alone after returning from Mother's custody. f. Testimony was presented that Mother left the child alone with only her other son (approximately age 11 at the time) at night while she went out partying, and left the child with her boyfriend the first night the child was in Florida to go to a party. 17. Father requests this Court reconsider its Order and revise the Order so that Mother has visitation in Florida to be supervised by Mother's parents as agreed to and can be arranged by her parents and Father, until further Order of Court. 18. In the alternative, Father requests that this Court schedule briefphone testimony with the parties and Mother's parents to hear the new testimony. WHEREFORE, Father prays Your Honorable Court to reconsider and revise the Order dated March 29, 2010, to permit Mother to have visitation with the child in Florida to be supervised by her parents as agreed to and arranged by her parents and Father, or in the alternative, schedule phone testimony with the parties and Mother's parents. MARTSON LAW OFFICES By Qt?jj " Hubert X. Gilroy, Esquire Jennifer L. Spears, Esq ' e 10 East High Street Carlisle, PA 17013 (717) 243-3341 g Attorneys for Plaintiff/Petitioner Date: 41/6 05/04/2010 15:52 4072488378 OFFICE DEPOT PAGE 02/03 rAF1LP.%(71Cn1g1A*D7) Ree V xg07.1,4MkWWC11y Am I. oW Jennifer L. Spears, Esquire Jacob M. Theis, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 and 208631 10 East High Street Carlisle, PA 17013 (717) 2433341 Attorneys for Plaintiff JAMES D. ROSE, IN THE COURT OF COMMON PLEAS OF PlaintifflPetitioner CUMBERLAND COUNTY, PENNSYLVANIA v- NO. 2007-631.6 CIVIL ACTION - LAW TARA M. SHEEHAN, Defendant/Respondent : IN CUSTODY AFFIb VIT OF KELLY-An GASH T, Kelly-ann. Gash, DO HEREBY STATE and believe the following facts to be true: • 1 am the natural :mother of the Defendant, Tara M. Sheehan. • Tara's daughter, Reagan Rose, is the child involved in this action. • Tara has left Regan and Reagan's half-brother, Justin, alone with me and/or my ex- husband, Robert Sheehan (Justin and R.eagan's grandfather), for days and sometimes weeks on at a time without contacting the children or us as to her whereabouts. • During Reagan's last visit with Tara in ,Florida in December, 2009 to mid.-January, 2010, I had physical custody of her 75% of the time. • Mr. Sheehan and I have been called by Justin to get he and Reagan as they were hungry and Tara would be sleeping and/or not interacting with the children. • At the time of the hearing on March 29, 2010, Taca appeared to be making positive changes in, her life and when. we, Kelly Gash and Robert Sheehan., were asked to testify on behalf of Mr. Rose, we felt that since Tara was trying to improve herself, it was in the best interest of Regan to spend time with, both of her parents and so we did not testify for Mr. Rose. EXHIBIT "A" 05/04/2010 15:52 4072488378 OFFICE DEPOT PAGE 03/03 • Prior to March 291 2010, Justin started spending every night at his grandfather's house, Robert Sheehan, to prepare for Florida FC.AT exams. As of the date of this Affidavit, Justin has stayed with Mr. Sheehan and me and has had limited contact from his mother, Tara. + it was after the hearing that we learned that Tam told the Court that Justin has always lived with her. This is untrue. He has hvcd with Mr. Sheehan or me the majority of his 13 years and we have provided the emotional, physical, and financial support to Justin.. + At this time, it is my belief that the Order of March 23, 2009, should be reinstated to allow Tara to have only supervised visits during summer and alternate holidays with. Regan by me, Mr. Gash or Mr. Sheehan. + At the current time, it is my belief that it is in the best interest of Reagan. for her father, James Rose, to have primary custody. • Attached to this Affidavit and marked as Exhibits A, B and C, are three letters I wrote cunt i rm ing my position as set fort d Date SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF a N _ .2010. NOTARY PUBLJC cc IN 1 tlen 0 tnNUu Mewt? PMMC - SOMM a1.ftilla 1? Oonrel¦bh F.?M'w?Nt>h. IX! t7?lq 05/04/2010 15:52 4072488378 OFFICE DEPOT PAGE 01/03 0AMON3, " I" it 0 ?^?? : E 1P "IN FAX TRANSMISSION ruEng caffafe., art"ter TO Martsan ?W ?12M FROM; Ke,((q -ann (`XI,S? FAX SENDER'S NUMBER: PHONE #5-7) DATE: S b v # OF PAGES: 3 SENDER AGREES NOT TO USE THIS FAX TO: (1) TRANSMIT MATERIAL WHOSE TRANSMISSION IS UNLAWFUL, HARASSINI VULGAR, OBSCENE, PORNOGRAPHIC OR OTHERWISE OBJECTIONABLE; (II) CREATE A FALSE IDENTITY, OR OTHERWISE THE SENDER OR THE ORIGIN OF THIS FAX; (III) POST OR TRANSMIT ANY MATERIAL THAT MAY INFRINGE THE COPYRIGH PARTY; (IV) VIOLATE ANY FEDERAL, STATE OR LOCAL LAW IN THE LOCATION, OR (V) CONDUCT ACTIVITIES RELATI:'? CONTESTS, PONZI SCHEMES OR THE LIKE. //// ?i/ PLEASE NOTE THAT OFFICE DEPOT DOM NOT REVIEW THE CpWffNTS Of AY P5QfNT USING ITS HEREBY AGREES TO INDEMNIFY OFFICE DEPOT TO THE T EXT 0 LAW AND FOR ANY WITH THE REQUEST TO SEND, OR SENDING THIS FAX CUSTOMER SIGNATURE 1 IReDt. 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Sheehan 7075 Villa Estelle Drive Orlando, Florida 32819 (407) 351-0145 April 29, 2010 Honorable Judge Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: ROSE V. SHEEHAN Your Honor: 11 As the grandparents of Reagan Rose, we respectfully request take our letter into consideration regarding the current custody arrangement between our daughter, Tara Sheehan and James Rose. On March 29, 2010 you presided over a custody hearing to decide the custody of minor child, Reagan Rose. At that time, it was decided that both Tara and James would receive joint custody with both getting to spend quality time with their daughter every two months. We are enclosing a letter that was sent to Mr. John Mangan back on February 12, 2009 requesting that he take into consideration the custody of Reagan Rose and the ability of our daughter, Tara, to be able to provide the proper parental care without placing the child at risk. Our concerns at that time were the fact that our daughter has on numerous occasions left her children with us for days and sometimes weeks at a time without contacting them or us. At the time this letter was sent to Mr. Mangan, Tara's son, our grandson Justin Sheehan, had already been with us for over two months without any contact by his mother. This has happened many times before up to and including the baby's most recent visit in December where we had physical custody of the baby for approximately 75% of the time she was in Florida. At other times, when we would go to their house to pick Reagan and Justin up, Tara would typically be sleeping and not interacting with her children at all, they would also complain about being hungry. Usually at these times a phone call would be initiated by her son to one of us to come pick them up. During this time we were in contact with Reagan's father, James and he was aware that there was a situation but as he told me he felt safe that the baby was spending time with us. EXHIBIT A 4 Tara was upset that James had been told the situation during December, 2009 and denied everything. She did move into another home and obtained a job in January. As in the past, she did seem to be trying to make positive changes in her life and as her parents we were hoping that this time she would. We truly believe that children deserve to have the benefit of both parents in their lives and therefore, we believed that maybe this time would be the change. So when we were asked to testify at the hearing on March 29, 2010, we felt that since Tara seemed to be trying, that it was in the best interest of Reagan for her to be able to spend time with both her parents. A few weeks before the hearing Justin started spending every night at his grandfather's, Robert Sheehan's, home. We thought that this was a good idea at the time because Tara had this new job and Justin had upcoming State of Florida FCAT examinations. However, during Justin's spring break Tara went to Miami with her boyfriend and after the hearing on March 29`h and up to the current date Justin has still been with his grandfather and myself with limited or no contact from his mother. This has been now for approximately six weeks. She did, however, start calling him again yesterday when we informed her that we were sending this letter. The majority of time this child has spent with his mother has been erratic at best. We also recently found out that Tara told the Court that Justin has always lived with her. This is entirely untrue Justin has been living with his grandfather or me the majority of his 13 years and we have been the ones that have been providing the majority his emotional, physical and financial support. We do have documentation of this. With that being said please understand that we did what we did because we felt we were helping our daughter and that eventually she would "get on her feet". Unfortunately, it seems that there is more of a problem then her becoming financially and professionally stable and it has been going on so long that something needs to be done. As deeply as it hurts us we respectfully respect that at the current time, that primary custody be given to James Rose. We also request that in order for our grandson, Justin Sheehan, to be able to get the opportunity to know and bond with his sister, that the Court re-instate the order that was written by Mr. Mangan back in February, 2009. This order gave the baby's father primary custody with the baby being allowed to come to Florida and stay with her grandparents for the summer and alternate holidays. It also provided our daughter, Tara Marie Sheehan, to have supervised visits with her daughter during those times. As you can see by the letters we have enclosed, Reagan has a very large extended family in Orlando and is deeply loved by all. As we said this is the last thing that any of us would have ever wanted. All we ever wanted was the opportunity for our grandchildren to have a happy life and for us to be able to enjoy watching them grow up. Requesting to have our granddaughter to live in another state in not something we take lightly. We also would like any further custody order that might be issued to include the provision that in the future our daughter, Tara Sheehan, can re-instate her right to custody if she obtains professional and on-going help and treatment and can prove and actually document that she has made these changes. In the past our daughter has made many statements to the Court that she is gainfully employed and that the children have a safe, healthy home. This needs to be documented for the safety of the children before this is re-considered. We thank you for any consideration that you give this situation. Respectfully, Kelly-ann Gash Robert W. Sheehan Robert H. Gash Kelly-ann Gash 15320 Amberbeam Blvd. Winter Garden, Florida 34787 (407) 963-9820 February 12, 2009 John J. Mangan, III Esq. Bayley and Mangan 17 W. South Street Carlisle, PA 17013 SENT VIA FACSIMILE 717-241-2456 RE: Rose v. Sheehan Dear Mr. Mangan: My name is Kelly-ann Gash and I am the grandmother of Reagan Rose. I have been in contact with Barbara Rose for the past few months numerous times and know how well the baby is doing up in Pennsylvania with her father, James and Barbara. I have enclosed a letter that I recently mailed to James regarding the hearing on February 20, 2009. The letter explains what we are requesting and I also would like to request that the grandparents (Robert Sheehan, Kelly-ann Gash, Robert Gash) in Orlando to be able to attend the hearing telephonically. We do not want to attend to object to Reagan living in Pennsylvania, we just want to be able to be representatives of Reagan's family in Orlando. Reagan's brother, Justin, our other grandchild, has been living with us for the past few months and this has been extremely hard on him. I can be contacted at the above number regarding this matter. Thank you for your time and consideration in this matter. Sincerely, Kelly-ann Gash EXHIBIT 1 -6 f Robert and Kelly-ann Gash Robert Sheehan 15320 Amberbeam Blvd Winter Garden, Florida 34787 February 12, 2009 James Rose 137 Wilson Street Carlisle, PA 17013 Dear James, I hope all is well up there in Pennsylvania. I have been in contact with your Mom over the past few months and recently I asked her about us (grandparents and Justin) having visitation rights with Reagan. I am writing on behalf of Rob, Bob and myself and all of us really want Justin to be able to have an on going relationship with his sister and her large extended family in Orlando. Your Mom mentioned to me that your attorney would like to know what we are requesting so please feel free to give a copy of this letter. Although we miss her terribly, we realize that she is getting the love and care that she needs right now from you and your Mom. My husband, Bob, my ex-husband Rob and myself would like to request visitation rights with Reagan to involve her spending time during the year in Orlando. We would of course be responsible for the expenses involving transportation as well as personally picking her up and bringing her back home. This is extremely important that Justin be able to be with her, he misses her so much. You know as well she has a close relationship with my son, Robert (aka Buddy age 15), her cousin Gabrielle (my niece age 9), my parents (Al and Rose Gifford), her Aunt Courtney, Uncle Ken, Uncle Richard (my brother) and Aunt Claudine (my sister-in-law) who all live in Orlando and who were very involved with her while she was living here. If we all agree, we would like to have Reagan stay with us for 4-6 weeks in the summer and alternate holidays. We are open to any arrangement that works best for all of us. I am sure that you realize how hard it has been on Justin. He has suffered many losses over the past few months and the loss of his sister, Reagan, has been the hardest. It has helped that he has been living with us and his Grandfather, Rob, and that he has Buddy with him all the time to share his days with. Please be aware that all three of us, Bob, Rob and myself will be completely responsible for her care while she is here. During her seven months in Orlando she met so many people and spent much of her time at the Central Florida YMCA where my husband is a Director. I know you know how much we care for her and if she does get to spend time with us in the summer she will have a great time with Justin, Buddy and her cousin Gabrielle. It will be a wonderful experience for EXHIBIT C 'Alk all of them. I have sent an album of pictures along with some clothes and a Teddy Bear that Buddy and Justin wanted her to have for Valentines Day. I know that there is a hearing on February 20, 2009 and I have requested that we (Rob, Bob and I) be allowed to attend telephonically. We do not want to attend to object to anything but just to be able to be present as representatives of Reagan's family in Florida. I know that none of us know what will happen in the future but the most important thing is Reagan's well being and happiness. I am very glad for how well she is doing and know how hard you and your Mom are working to provide her a good home. For that I am grateful. I have put in my business card so you have another phone number to contact me if you need to. Sincerely, Kelly-ann Gash Robert H. Gash Robert W. Sheehan 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 for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Tara M. Sheehan 806 Arlington Street Orlando, FL 32805 MARTSON LAW OFFICES By Iv ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 18, 2010 MAY 2 0 2010 3 JAMES D. ROSE, Plaintiff/Petitioner V. TARA M. SHEEHAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6316 CIVIL ACTION - LAW IN CUSTODY A ORDER AND NOW, this day of May, 2010, upon consideration of Plaintiff's Petition for Special ief or in the Alt rnative for Repansideration, it is ordered and dir_ectyd that t1ac C.""rt's A ff --- 1L 6wer 'wide -1 -Nil a dl o s ftow,uevvo•? L:, _ -w -Ynuiwwwml?w?¦?srwwdww??w? - a:- ..-A Aff-4.1 1 cc: Yabert X. Gilroy, Esquire- attorneys for Plaintiff Jennifer L. Spears - attorneys for Plaintiff ara M. Sheehan, Pro Se Defendant z t ES /Y1 a1 t La_ s?a S/rv C-) C N Z ' Z ?l CJ7 6 JAMES D. ROSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. No. 07-6316 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ~~ day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The Order of Court dated March 29, 2010 shall remain in full force and effect pending the scheduled hearing absent further Order of Court ofmutual agreement of the parties. Byt , Distribution: ~ Jennifer Spears, Esquire / Tara Sheehan, 1907 East South Street, Orlando, FL 32801 ~/ John J. Mangan, Esquire Copes r-~,'/cd `~/~al~~ c'?J' N ~, `=n ~= ~... ~ `~~~ c= - _~, =~.. ~.. .. , _.._, rr.., ~ r.~v. ` I'r': ~ :: < = rv ~~ ,~,~ JAMES D. ROSE, Plaintiff v. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Reagan A. Rose 08/12/2006 Currently in the Custody of Mother and Father 2. A Conciliation Conference was held with regard to this matter on December 10, 2007, an Order issued December 14, 2008, a conciliation conference was held September 10, 2008, an Order issued September 16, 2008, a conference was held February 20, 2009, an Order of Court issued March 23, 2009, a conciliation conference was held Apri128, 2009, an Order was issued April 30, 2009, a conference was held January 15, 2010, an Order issued January 22, 2010, a hearing was held March 29, 2010 and an Order issued the same day, an Order was issued May 24, 2010 and a conciliation conference was held June O1, 2010 with the following individuals in attendance: The Mother, Tara M. Sheehan, appeared pro se The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esq. 3. Father's position on custody is as follows: Father would like to have primary custody of Reagan. Father indicates that Reagan would be best suited to live and go to school here in Pennsylvania. This Honorable Court after hearing awarded shared physical custody to both parents essentially on a two moth on/two month offbasis. This Court allowed Mother to return to Florida following the hearing in March 2010, but Mother requested that she return with the Child May 2010. However, various things came up for Mother and Mother requested that she return with the Child June O1, 2010. Father's position is that Mother forfeited the month of May because she failed to pick up the Child and did not do so until June O1, 2010. Father requests a hearing before the Court. 4. Mother's position on custody is as follows: Mother indicates that she picked up Reagan in June 2010 for reasons that were in Reagan's best interest. Mother indicates that her two month period of time with Reagan begins June O1, 2010 and not May O1, 2010. Mother believes that the shared physical custody arrangement is in Reagan's best interest until the Child attends school. 1 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. ~~~ Date John g ,Esquire Custo y C ciliator JUL "~ L 2x10 BRANDEN M. SILKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.20Q?-6688 CIVIL ACTION - L~W p ,. -~, JESSICA J. SILKS, • ~ © .,~ t .,Y ~ .~ ;~ Defendant .; : IN CUSTODY ~ ` Y "''~ ' 7 ~,. s l ( _ 1~ _ ~ v „ir Y - ~ ~~. f p ORDER OF COURT `-~- f ~ c AND NOW, this 9~' day of July, 2010, having no contact with the parties to request another Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, °~ J acqu ine M. Verney, Esquire, Cu dy Conciliator J JAMES D. ROSE, IN THE COURT OF COMMON P44A?QF " ., Plaintiff CUMBERLAND COUNTY, PENN! M41N L41 • t-,-? cu ? ems. -; R V. No. 07-6316 CIVIL ACTION L? TARA M. SHEEHAN, IN CUSTODY Defendant : -• Prior Judge: Edward E. Guido, J. --; ORDER OF COURT AND NOW this ??' day of August 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, James D. Rose, and the Mother, Tara M. Sheehan, shall have shared legal custody of Reagan A. Rose, born 08/12/06. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's periods of custody in Florida as follows: a. Mother shall have custody of Reagan every summer from one week after school lets out until one week prior to school beginning. b. Mother shall have custody of Reagan for every Christmas break from school starting a day after school lets out until the day before school starts again. c. Mother shall have custody of Reagan for every spring break from a day after school lets out until the day before school starts again. d. The party receiving custody of the Child shall pick up the Child at the home of the custodial parent and be responsible for transportation of the Child to his or her home. e. Mother shall additional periods of custody/visitation with Reagan as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Any and all phone calls left by the non-custodial parent shall be returned on a prompt basis. Each parent shall be allowed telephone contact with the Child at least one time per day no later then 8:00 pm. 5. Neither party may say or do anything nor permit a third party to 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. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. The Child is specifically authorized to be enrolled in school in Father's school district. 9. This Court shall maintain jurisdiction of this matter. 10. This Order is entered pursuant to 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. Distribution: ? Jennifer Spears, Esquire "Tara Sheehan, 7075 Villa Estelle Drive, Orlando, FL 32819 V John J. Mangan, Esquire klou? AKb By the Court, JAMES D. ROSE, Plaintiff V. TARA M. SHEEHAN, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6316 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Reagan A. Rose 08/12/2006 Father 2. A Conciliation Conference was held with regard to this matter on December 10, 2007, an Order issued December 14, 2008, a conciliation conference was held September 10, 2008, an Order issued September 16, 2008, a conference was held February 20, 2009, an Order of Court issued March 23, 2009, a conciliation conference was held April 28, 2009, an Order was issued April 30, 2009 and a conference was held January 15, 2010 an Order issued January 22, 2010, a hearing was held March 29, 2010, an Order issued March 29, 2010, an Order issued May 24, 2010, a conference was held June 01, 2010, an Order issued July 12, 2010 and a conference was held June 22, 2011 with the following individuals in attendance: The Mother, Tara M. Sheehan, appeared pro se via telephone The Father, James D. Rose, with his counsel, Jennifer L. Spears, Esq. . 3. The parties agreed to the entry of an Order in the form attached. Date John J. an , Esquire Custod Co ciliator