Loading...
HomeMy WebLinkAbout08-0856DAVID L. ROBERTSON, THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. NO. Q ?5 ?p c,rtr? [ T t RONNIE M. WALBORN, DEFENDANT CIVIL ACTION - CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 DAVID L. ROBERTSON, THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. NO. RONNIE M. WALBORN, DEFENDANT : CIVIL ACTION - CUSTODY AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despues de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 DAVID L. ROBERTSON, THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. NO. Og - 8Slo 1.1c??L? RONNIE M. WA LBORN, . DEFENDANT CIVIL ACTION - CUSTODY COMPLAINT FOR PARTIAL CUSTODY 1. Plaintiff is David L. Robertson, an adult, residing at 604 Copper Circle, Carlisle, 17015, Cumberland County. 2. Defendant is Ronnie M. Walborn, an adult, residing at 83 Country View Estates, Newville, 17241, Cumberland County. 3. Plaintiff seeks partial custody of the following child: Name Present Residence Age Katie Lee Robertson 83 Country View Estates 16 mos. (dob 10-05-06) Newville, PA 4. The child was born out of wedlock. The child is presently in the physical custody of the defendant, Ronnie M. Walborn, who resides at 83 Country View Estates, Newville, 17241, Cumberland County. 5. During the past five (5) years, the child has resided with the following persons at the following addresses: Persons Addresses Dates Mother 83 Country View Estates 9/06/07(approx.) - Present Newville, PA Mother & Father 83 Country View Estates 10/05/06 - 9/06/07(approx.) Newville, PA 6. The mother of the child is RONNIE M. WALBORN, currently residing at 83 Country View Estates, Newville, 17241, Cumberland County. She is single. 7. The father of the child is DAVID L. ROBERTSON, currently residing at 604 Copper Circle, Carlisle, 17015, Cumberland County. He is single. 8. The relationship of the Plaintiff to the child is that of Father. Plaintiff currently resides with his father, LARRY L. ROBERTSON, and mother, MARY J. ROBERTSON, at 604 Copper Circle, Carlisle, 17015, Cumberland County. 9. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the child, at 83 Country View Estates, Newville, 17241, Cumberland County. 10. Plaintiff has not participated, as a party or as a witness, or as in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The permanent welfare and best interests of the child will be served by granting the relief requested because: A. Plaintiff is a fit parent. B. The child sees the parent as a source of love and affection. C. Placing custody with Plaintiff will contribute to providing stability and continuity to the child's life. 12. Each parent whose parental rights have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant partial custody of the child. Date: -51-01 Respe tfully Submitted, David L. Robertson, Plaintiff VERIFICATION I, David L. Robertson, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: David Lee Robertson, Plaintiff O V• lOD K J - ns r-ri I,IUi Ln gn DAVID L. ROBERTSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RONNIE M. WALBORN DEFENDANT 2008-856 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 08, 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 Monday, March 10, 2008 at 2:00 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. Mangan, r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 `t + it D? MAR-1 9 200#r-- DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-856 CIVIL ACTION LAW RONNIE M. WALBORN, IN CUSTODY Defendant ORDER OF COURT AND NOW this r-o' day of March 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. The Father shall have partial custody of the Child every week pursuant to one of two potential schedules, the one which is to be used will be determined by whether or not the Mother is scheduled to work. The Father shall be notified of the Mother's work schedule by Tuesday of each week. b. During weekends in which Mother is not scheduled to work, commencing Thursday March 13, 2008, Father shall have physical custody of the Child from 9:00 am until 7:00 pm and on Friday 9:00 am until 8:00 pm, or as otherwise mutually agreed to. C. During weekends in which Mother is scheduled to work, commencing March 20, 2008, Father shall have physical custody of the Child from 9:00 am until 7:00 pm and on Sunday from 9:00 am until between 2:00 pm and 3:00 pm (after Mother gets off of work). d. For these custody exchanges, the transportation shall be shared by the parties, with the non-custodial parent to pick up Katie with the exception that on the Thursday periods, Father shall return Katie to the Mother's residence at 7:00 pm. The exchange locations shall occur at the parties' respective residences absent mutual agreement otherwise. e. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 3. Holidays and Birthdays: ? 3 :8 WV ? z M 8001 a. Father shall have partial physical custody of the Child on Easter Sunday from 8:00 am until 1:00 pm. b. The remaining holidays and Birthday schedules shall be addressed at the updated conciliation conference. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 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 parry. 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 parties 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. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 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. 10. A status update conciliation conference is hereby scheduled for May 12, 2008 at 10:30 am. The purpose of said conference is to establish whether Father shall commence overnight custody of the Child at his residence and to establish a holiday schedule. By the Court, Distribution: , Kavid W. Sunday, Jr., Esq. )21a?vid Robertson, 604 Copper Circle, Carlisle, PA 17015 J ; V1m J. Mangan, Esq. -A- DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CI M 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 Katie Lee Robertson 10/05/06 Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, David W. Sunday, Jr., Esq. The Father, David L. Robertson, pro se 3. The parties agreed to the entry of an Order in the form as attached. U? - 311 Date MAY 13 ZOOe OI I? DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-856 CIVIL ACTION LAW RONNIE M. WALBORN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this i r day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated March 20, 2008 is hereby VACATED. 2. Legal Custody: The Father, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. The Father shall have partial custody of the Child every week pursuant to one of two potential schedules, the one which is to be used will be determined by whether or not the Mother is scheduled to work on a particular weekend. The Father shall be notified of the Mother's work schedule by Tuesday of each week. b. During weeks in which mother is not scheduled to work the weekend, Father shall have physical custody of the Child on Thursday from 9:00 am until 7:00 pm and on Friday 9:00 am until 7:00 pm, or as otherwise mutually agreed to. C. During weeks in which Mother is scheduled to work the weekend, Father shall have physical custody of the Child Friday from 9:00 am until 7:00 pm and on Sunday from 9:00 am until between 2:00 pm and 3:00 pm (after Mother gets off of work). d. Father shall provide the transportation for Katie and shall pick up Katie at maternal aunt's residence in the morning and drop Katie off at Mother's residence in the evening, with the exception that Mother shall pick Katie up at Father's residence on Sunday when she is finished with her work. The exchange locations and times may be altered by mutual agreement. e. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 4. Holidays: The parties have agreed to arrange holidays pursuant to the attached schedule. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Father shall have phone contact with the Child every Monday between 8:00 pm and 8:30 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. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 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. 11. A status update conciliation conference shall be scheduled and held, either by personal appearance or telephonically, when either party notifies the assigned conciliator that it would be appropriate for Father to begin overnight custody of the Child. Prior to Katie beginning her overnights with Father, Mother shall have the right to come to Father's residence to ascertain whether the accommodations/environment are appropriate for Katie. By the Court, 4 istribution: Yavid W. Sunday, Jr., Esq. yid Robertson, 604 Copper Circle, Carlisle, PA 17015 ? John J. Mangan, Esq. 1.:.0a ? DES ?h?c { s- ?,r?og TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Father Father Easter Da 1' t Half From 9 am until 3 m Mother Mother Easter Da 2- Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 6 pm Mother Father Inde endence Da From 9 am until 6 m Father Mother Labor Da From 9 am until 6 m Halloween 1St TBD From 9 am Thanksgiving Day to 3 Father Father Thanksgiving Half in on Thanksgiving Da Mother Mother Thanksgiving 2n From 3 pm on Thanksgiving Day Half Christmas 1St Half TBD Christmas 2" Half TBD New Year's ' TBD From 9 am until 4 m Mother Mother s Da Mother ' From 9 am until 4 pm Father Father s Day Father DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CPAL 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 Katie Lee Robertson 10/05/06 Currently in the Custody of Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008 and a status update conference was held May 12, 2008 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, David W. Sunday, Jr., Esq. The Father, David L. Robertson, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquire loo' Cus dy onciliator . ' JUN 3 0 2008 H owl DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-856 CIVIL ACTION LAW RONNIE M. WALBORN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this 7 ` day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court dated March 20, 2008 and May 17, 2008 are hereby VACATED. 2. Legal Custody: The Father, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing June 26, 2008 Father shall have physical custody of the Child every other Thursday from 9:00 am until Friday 7:00 pm. b. Commencing July 4, 2008 Father shall have physical custody every other Friday and Sunday from 9:00 am until 7:00 pm each day. C. Father shall provide the transportation for Katie and shall pick up Katie at maternal aunt's residence in the morning and drop Katie of at Mother's residence in the evening. The exchange locations and times may be altered by mutual agreement. d. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 4. Holidays: The parties have agreed to arrange holidays pursuant to the attached schedule. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Father shall have phone contact with the Child three times per week between 8:00 pm and 8:30 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 VINVANSWd A.fwdnon n" ,H7te" L £ :Z1 Wd L - IW LOWUOUd 3HI X- :3 4-aM 4W 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. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 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. By the Court, D' tribution: ,Xonnie Walborn, 83 Country View Estates, Newville, PA 17241 ,,avid Robertson, 604 Copper Circle, Carlisle, PA 17015 /ohn J. Mangan, Esq. J HOLIDAYS AND SPECIAL DAYS TEVIES EVEN YEARS ODD YEARS Easter Da I S Half From 9 am until 3 m Father Father Easter Da 2n Half From 3 m until 9 m Mother Mother Memorial Da From 9 am until 6 m Mother Fattier Independence Da From 9 am until 6 m Mother Fattier Labor Da From 9 am until 6 m Father Mother Thanksgiving I Half From 9 am Thanksgiving Day to 3 m on Thanksgiving Day _ Father Father Thanksgiving 2° Half From 3 pm on Thanksgiving Day to 9 m Thanksgiving Da Mother Mother Mother's Da From 9 am until 4 m Mother Mother Father's Da From 9 am until 4 m Father Father v DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 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 Katie Lee Robertson 10/05/06 attendance: The Mother, Ronnie Walborn, pro se The Father, David L. Robertson, pro se Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008, a status update conference was held May 12, 2008, an Order issued May 17, 2008 and a telephonic status update held on June 24, 2008 with the following individuals in 3. The parties agreed to the entry of an Order in the form as attached. ?/:?' OF /0(5,- - Date John J. WnW, squire Custody o iliator 11 Dr 0 8 zC0a CJ DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-856 CIVIL ACTION LAW RONNIE M. WALBORN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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: Mother shall have primary physical custody of the Child subject to Father's partial physical custody pursuant to a two week repeating schedule as follows: a. In week one, Father shall have physical custody of the Child from Monday at 8:00 am until Wednesday 7:00 pm. b. In week two, Father shall have physical custody of the Child from Sunday at 7:00 pm until Monday at 7:00 pm. Father shall also have custody of the Child Wednesday from 8:00 am until 7:00 pm. C. Father shall provide the transportation for Katie and shall pick up Katie at maternal aunt's residence in the morning and drop Katie off at Mother's residence in the evening. The exchange locations and times may be altered by mutual agreement. d. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 4. Holidavs: The parties have agreed to arrange holidays pursuant to the attached schedule. It is specifically noted that should either party be working on Christmas or any other holiday, each party shall be afforded reasonable time with the Child on the holiday pursuant to their work schedules. The holiday schedule shall supersede the regular custodial schedule. The parties may alter the holiday schedule by mutual agreement. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Both parties are directed to promptly return any missed phone calls when the Child is in their custody. 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. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 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. By the Court, Distribution: J e Alexander, Esq. David Robertson, 604 Copper Circle, Carlisle, PA 17015 ,,-To-hn J. Mangan, Esq. ?a t P s' /rid IISCL ?? ?'- ,tS. '??- ` ?? yy.'}, ? ? c.. {?{,?,.. ? 4Y . 't u ,?? ?? HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 15 Half From 9 am until 3 m Father Father Easter Da 2° Half From 3 m until 9 m Mother Mother Memorial Da From 9 am until 6 m Mother Father Independence Da From 9 am until 6 m Mother Father Labor Da From 9 am until 6 m Father Mother Thanksgiving 1 s From 9 am Thanksgiving Day to 3 Father Father Half m on Thanksgiving Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Mother Mother Half 9 m Thanksgiving Da Christmas 2008 In 2008, Father shall have custody of the Child the Sunday before Christmas from 9:00 am until 8:00 pm and on Christmas Day from 8:00 am until 2:00 m. Subsequent From noon on 12/24 to noon on Father Mother Christmases 1 st Half 12/25 Subsequent From noon on 12/25 to noon on Mother Father Christmases 2°d 12/26 Half Mother's Da From 9 am until 4 m Mother Mother Father's Da From 9 am until 4 m Father Father DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 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 Katie Lee Robertson 10/05/06 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008, a status update conference was held May 12, 2008, an Order issued May 17, 2008 and a telephonic status update held on June 24, 2008, an Order was issued and a conciliation conference was held November 25, 2008 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, Jane Alexander, Esq. The Father, David L. Robertson, pro se 3. The undersigned recommends the entry of an Order in the form as attached. Date JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY :PENNSYLVANIA : NO. 08-856 : CIVIL ACTION - LAW :CUSTODY PLAINTIFF FATHER'S PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Plaintiff, David L. Robertson, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files the within Petition to Modify Custody Order, to which he avers the following: 1. Petitioner, Plaintiff above, is David L. Robertson (hereinafter referred to as Father) is an adult individual currently residing at 604 Copper Circle, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Respondent, Defendant above, is Ronnie M. Walborn (hereinafter referred to as Mother), an adult individual currently residing at 83 Country View Estates, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely, Katie Lee Robertson, born October 5, 2006 (hereinafter referred to as the child). 4. The parties previously entered into an Agreement regarding custody and an Order was issued on December 8, 2008. Said Order is attached as Exhibit A, which is incorporated herein by reference as though fully set forth. 5. The current Order provides that Mother has primary physical custody of the child subject to Father's rights of partial physical custody from Monday at 8:00 a.m. until Wednesday at 7:00 p.m. the first week and Sunday at 7:00 p.m. until Monday at 7:00 p.m. plus Wednesday from 8:00 a.m. until 7:00 p.m. the second week. 6. Father seeks modification of physical custody such that his custodial periods are expanded to: Week One Friday at 7:00 p.m. through Wednesday at 7:00 p.m. Week Two Sunday at 7:00 p.m. through Monday at 7:00 p.m. Tuesday at 7:00 p.m. until Wednesday at 7:00 p.m. 7. Father also seeks to equally share the transportation between their residences. 8. The relief requested by Father should be granted for the following reasons: a. The child is only two years old and needs to maintain equally strong bonds with both of her parents and their families, not just with Mother and her family. b. Father's "weekend" begins when he gets off work Sunday at 4:30 p.m. and ends when he begins work Wednesday morning at 6:00 a.m. Father should have custody of the child during his "weekends." It is Father's understanding that Mother works alternating weekends and alternating Tuesdays and Thursdays. Father's proposed schedule maximizes each party's time with the child in consideration of their respective schedules. Father's immediate and extended family are very close and desire to spend more time with the child. The child would naturally grow closer to Father's family if Father were granted additional periods of custody. d. The parties should alternate custody on days on which they both work so that the child can spend time with her paternal grandmother during Father's custodial periods and with her maternal grandmother during Mother's custodial periods. WHEREFORE, Plaintiff, David L. Robertson, respectfully requests this Honorable Court to modify the December 8, 2008 Order such that he is granted expanded periods of physical custody as set forth more specifically above. Furthermore, Father requests that transportation between their residences be shared equally. Respectfully Submitted: By: MCNA B. COSTOPOULOS, E RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: 2? ATTORNEY FOR PLAINTIFF VERIFICATION I, David L. Robertson, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. A Date: David L. Robertson CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Date: / 11?rl? Jane M. Alexander, Esquire 148 S Baltimore St Dillsburg, PA 17019 By: JEAN1 B. COSTOPOULOS, E IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF SIB 1T E? CO PP DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant Prior Judge: Kevin A. Hess, J. CFQ 9, ?003(4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this A day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows:. 1. The prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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: Mother shall have primary physical custody of the Child subject to Father's partial physical custody pursuant to a two week repeating schedule as follows: a. In week one, Father shall have physical custody of the Child from Monday at 8:00 am until Wednesday 7:00 pm. b. In week two, Father shall have physical custody of the Child from Sunday at 7:00 pm until Monday at 7:00 pm. Father shall also have custody of the Child Wednesday from 8:00 am until 7:00 pm. C. Father shall provide the transportation for Katie and shall pick up Katie at maternal aunt's residence in the morning and drop Katie off at Mother's residence in the evening. The exchange locations and times may be altered by mutual agreement. d. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 4. Holidays: The parties have agreed to arrange holidays pursuant to the attached schedule. It is specifically noted that should either party be working on Christmas or any other holiday, each party shall be afforded reasonable time with the Child on the holiday pursuant to their work schedules. The holiday schedule shall supersede the regular custodial schedule. The parties may alter the holiday schedule by mutual agreement. v 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Both parties are directed to promptly return any missed phone calls when the Child is in their custody. 6. Neither parry may say or do anything nor permit a third parry 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. t Dtt* arr- pmrkd5of'c tody or,.-isi anon he pxtiew shall not possess or use non-prescribed _ontrolled 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. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 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. By the Court, Distribution: Jane Alexander, Esq. David Robertson, 604 Copper Circle, Carlisle, PA 17015 John J. Mangan, Esq. t i a' J% HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 Half From 9 am until 3 m Father Father Easter Da 2" Half From 3 m until 9 m Mother Mother Memorial Da From 9 am until 6 m Mother Father Independence Dav From 9 am until 6 m Mother Father ;A?L*! Ply Frees 9 am skid! 6,pa Fad bloom Th giving 1 From 9 am Thanksgiving Day to 3 Father Father Half m on Thanksgiving Da Thanksgiving 2" From 3 pm on Thanksgiving Day to Mother Mother Half 9 m Thanksgiving Da Christmas 2008 In 2008, Father shall have custody of the Child the Sunday before Christmas from 9:00 am until 8:00 pm and on Christmas Day from 8:00 i am until 2:00 m. Subsequent From noon on 12/24 to noon on Father Mother Christmases I" Half 12/25 Subsequent From noon on 12/25 to noon on Mother Father Christmases 2"d 12/26 Half Mother's Da From 9 am until 4 m Mother Mother Father's Da From 9 am until 4 m Father Father r rn r ?d DAVID L. ROBERTSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-856 CIVIL ACTION LAW RONNIE M. WALBORN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 03, 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 Monday, March 09, 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/ ohn . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -qft ?v --v- 414/ 4Nno l Z : ! I WV S- 83.E 6UZ • S r li IV, t ?U8 ? MAR 2 3 2009 DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-856 CIVIL ACTION LAW RONNIE M. WALBORN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this 2 y' day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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: Mother and Father shall arrange physical custody with Katie as follows: a. Father shall have physical custody of Katie every Sunday from 6:00 pm until Wednesday at 6:00 pm. Transportation obligations shall be shared between the parties with the non-custodial parent picking Katie up at the other parent's residence. The exchange locations and times may be altered by mutual agreement. b. The parties may alter/expand said times and days as mutually necessary or proper. 4. Holidays: The parties have agreed to arrange holidays pursuant to the attached schedule. It is specifically noted that should either party be working on Christmas or any other holiday, each party shall be afforded reasonable time with the Child on the holiday pursuant to their work schedules. The holiday schedule shall supersede the regular custodial schedule. The parties may alter the holiday schedule by mutual agreement. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Both parties are directed to promptly return any missed phone calls when the Child is in their custody. 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 parry, 1 I .C W ilZ NVW 6007. MVO"'?J-AKL 3 3. i 3u 3013n-4 J3113 .? 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. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling (with the focus to be on "co-parenting" in order to resolve their obvious communication problems) with a mutually-agreed upon professional, as long as the counseling is covered by insurance. Father is directed to ascertain whether his insurance covers said counseling within one (1) week of the date of this Order. Should Father's insurance cover the counseling, Father and Mother shall mutually choose a counselor and schedule an appointment promptly. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. 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. 10. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 11. 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. By the Court, Distribution: „due Alexander, Esq. ,.fe^annd Costopoulos, Esq. P n J. Mangan, Esq. y HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 Half From 9 am until 3 m Father F ther Easter Da 2° Half From 3 m until 9 m Mother Mother Memorial Da From 9 am until 6 m Mother Falther Independence Da From 9 am until 6 m Mother F Cher Labor Da From 9 am until 6 m Father other Thanksgiving 1 From 9 am Thanksgiving Day to 3 Father Father Half m on Thanksgiving Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Mother Half 9 m Thanksgiving Da Christmas 2008 In 2008, Father shall have custody of the Child the Sunday before Christmas from 9:00 am until 8:00 pm and on Christmas Day from 8:00 am until 2:00 m. Subsequent From noon on 12/24 to noon on Father Mother Christmases 1 s' Half 12/25 Subsequent From noon on 12/25 to noon on Mother Father Christmases 2°d 12/26 Half Mother's Da From 9 am until 4 m Mother Mother Father's Da From 9 am until 4 m Father Father Regular Physical Custodial Schedule Sunda Monday Tuesday Wednesda Thursday Frida Saturday M D at 6 pm D D D M at 6 pm M M M DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE NVITH 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 Katie Lee Robertson 10/05/06 Cunuently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008, a status update conference was held May 12, 200$, an Order issued May 17, 2008 and a telephonic status update held on June 24, 2008, an Order was issued and a conciliation conference was held November 25, 2008, an Order issued December 8, 2008 and a conference was held March 09, 2009 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, Jane Alexander, Esq. The Father, David L. Robertson, individually but represented by Jeannd Costopolous, Esq. 3. The undersigned recommends, and the parties have agreed, to the entry of an Order in the form as attached. Date J angan, Esquir ustody Conciliator DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-856 CIVIL ACTION - LAW IN CUSTODY Prior Judge: Kevin A. Hess PRAECIPE TO WITHDRAW APPEARANCE Respectfully Submitted, e M. Alex rider, Es,4uire tan South B Itimore Street P.O. Box 421 Dillsburg, PA 17019 (717) 432-4514 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant, Ronnie M. Walborn in the above-captioned matter. TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Ronnie M. Walborn, in the SAW LS, FLOWER & LNDS" 26 West High Street Carlisle, PA above-captioned matter. Dated: 511- 0 Raspectfuily Submitted, ^ Ma tas, Esquire Saidis, er & Lindsay Attorney ID #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 2 CC 9 1 1 ; 1 1, 2 6 i 1:.? ?•? ? ? 'i?, DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-856 CIVIL TERM RONNIE M. WALBORN, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION And CONTEMPT OF CUSTODY 1. Petitioner, hereinafter referred to as 'Mother', is Ronnie M. Walborn, an adult individual currently residing at 83 Countryview Estates, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent, hereinafter referred to as "Father", is David L. Robertson, an adult individual currently residing at 604 Copper Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one child, namely, Katie Lee Robertson, born October 5, 2006. The child was born out of wedlock. SA DIS, FLOWER & LINDSAY AT[URWMAT uW 26 West High Street Carlisle, PA For the past five years or since the child's birth, the child has resided with the following persons at the following address for the following periods of time. NAME ADDRESS DATE Ronnie M. Walborn 83 Countryview Estates Carlisle, PA 17013 Birth to Present The natural mother of the child is Petitioner, who resides as aforesaid. She is single. The natural father of the child is Respondent, who resides as aforesaid. He is single. 4. The relationship of the Petitioner to the child is that of natural mother. The Petitioner currently resides with the child at issue, and her boyfriend. 5. The relationship of the Respondent to the child is that of natural father. The Respondent currently resides with his parents and his sister. 6. The parties currently are subject to an Order of Court dated March 24, 2009. A copy of the Order is attached hereto and incorporated herein as Exhibit "A" regarding custody of their child. COUNT I - CONTEMPT 7. Paragraphs 1 through 6 are incorporated herein as if restated in full. 8. Paragraph 8 of the parties' current custody Order, dated March 24, 2009, provides that the parties are directed to: F?R IS? LWDS" 26 West High Street Carlisle, PA "engage in therapeutic family counseling (with the focus to be on "co- parenting" in order to resolve their obvious communication problems) with a mutually agreed upon professional, as long as the counseling is covered by insurance. Father is directed to ascertain whether his insurance covers said counseling within one (1 week of the date of this Order. Should Father's insurance cover the counseling, Father and Mother shall mutually choose a counselor and schedule an appointment promptly. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties." 9. Father provided information to Mother's counsel after conciliation to indicate that his insurance company did not cover counseling. 10. Father followed up to indicate that his insurance covered some services, but that it was limited to individual counseling. 11. Mother has insurance coverage available which will cover counseling as Ordered. 12. Mother has contacted Father to initiate services, to which Father has responded that he will attend if Mother pays the co-pays or suspends the child support obligation. A copy of email exchange between the parties is attached hereto and incorporated by reference as Exhibit "B 13. Mother desires to attend counseling as Ordered, and to divide costs equally, with a counselor she has determined will be appropriate for the parties in their area. 14. Father has willfully and intentionally refused to follow through with this Court's Order insofar as it relates to the directive to engage in counseling with Mother and to divide costs equally. WHEREFORE, Petitioner requests your Honorable Court to find Respondent in Contempt of the Custody Order and to award her attorneys fees and costs in the amount of $750. COUNT II - MODIFICATION FLOWER &. LENDS" 26 West High Street Carlisle, R 15. Paragraphs 1 through 14 are incorporated herein as if restated in full. 16. The parties have been following the terms of the March 24, 2009 custody Order consistently, as they relate to periods of physical custody on a week to week basis. 17. The best interest and permanent welfare of the child would be served by granting the relief request because: FLOWER ? 26 West High Street Carlisle, PA a) Since the entry of the Order, circumstances of the parties have changed substantially such that Petitioner believes it is appropriate for the terms of their custody Order to be modified. b) At the time of the entry of the Order, Petitioner (hereinafter referred to as "Mother") worked a different schedule than she does currently; c) Mother believes that Father is available to care for the child during all of his custodial periods of time with the child; d) During custody exchanges, the child exhibits severe separation anxiety at being separated from Mother and does not want to go with Father for his periods of custody; e) Upon return to Mother's care, the child is clingy, cries when she sees her, hides from Father and does not want to return to him for any affection; f) When Mother and child speak during Father's periods of custody, the child requests for Mother to pick her up from Father's care; g) Mother is concerned that Father is not appropriately caring for the child during his periods of custody; h) Mother has been the stable caregiver for the child, for all of her medical, educational, emotional, financial, spiritual and physical needs. i) Mother maintains a stable household, steady employment and solid support system in Cumberland County. k) Mother is afraid that without an Order modifying the existing order, the child's behavior will only deteriorate and she will not ever want to be in her Father's care; Mother wants to preserve a relationship between the child and Father that is appropriate for the child and not one at the current level that provokes fear and anxiety for the child IS, ? FLOWER WERR & LIlVDSAY 26 West High Street Carlisle, PA 1) Mother desires primary physical custody of the child with Father having periods of partial physical custody or visitation. 17 Petitioner has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 18. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. All other persons named below, who are meant to have or claim to have a right to custody or visitation of the child, will be given notice of the proceedings of this action and the right to intervene: None. 19. Petitioner does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. 20. Notice of the tiling of this Petition has been provided to Respondent's counsel, Jeanne Costopoulos, Esquire. 21. Judge Kevin A. Hess is currently assigned to this matter. WHEREFORE, Petitioner requests your Honorable Court to enter an Order granting her primary physical custody of the child. Respectfully submitted, Marylou M as, Esqu Attorney I. . #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Defendant/Petitioner FLOWER ? LE' DSM Ann ups 26 West High Street Carlisle, PA DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-856 CIVIL TERM RONNIE M. WALBORN, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and SAID FLOWER '& LINDSAY 26 West High Street Carlisle, PA correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:g0q- ?xt n i( J?Y?O?c? 2n. RONNIE M. WALBORN, Defendant/Petitioner DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-856 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE FLOWER & LINDSAY 26 West High Street Carlisle, PA This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Jeanne Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Dated: 1p1141o? Regular U. S. Mail ! 01 L(Q 109 Mary u tas, Esquire W V 0-1 Attorne 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant/Petitioner OPNAR CY 2 .? 2UDy (? D AVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-856 CIVIL ACTION LAW RONNIE M. WALBORN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this __2? day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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: Mother and Father shall arrange physical custody with Katie as follows: a. Father shall have physical custody of Katie every Sunday from 6:00 pm until Wednesday at 6:00 pm. Transportation obligations shall be shared between the parties with the non-custodial parent picking Katie up at the other parent's residence. The exchange locations and times may be altered by mutual agreement. b. The parties may alter/expand said times and days as mutually necessary or proper. 4. Holidays: The parties have agreed to arrange holidays pursuant to the attached schedule. It is specifically noted that should either parry be working on Christmas or any other holiday, each party shall be afforded reasonable time with the Child on the holiday pursuant to their work schedules. The holiday schedule shall supersede the regular custodial schedule. The parties may alter the holiday schedule by mutual agreement. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Both parties are directed to promptly return any missed phone calls when the Child is in their custody. 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. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling (with the focus to be on "co-parenting" in order to resolve their obvious communication problems) with a mutually-agreed upon professional, as long as the counseling is covered by insurance. Father is directed to ascertain whether his insurance covers said counseling within one (1) week of the date of this Order. Should Father's insurance cover the counseling, Father and Mother shall mutually choose a counselor and schedule an appointment promptly. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. 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. 10. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 11. 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. By the Court, S J. Distribution: Jane Alexander, Esq. Jeanne Costopoulos, Esq. John J. Mangan, Esq. M?1A6V' . i HOLIDAYS AND SPECIAL DAYS Eas ter Da 1 s Half Easter Da 2n Half Memorial Da lade endence Da Labor Da Thanksgiving 1 S Half TIlKES From 9 am until 3 m From 3 m until 9m From 9 am until 6 m From 9 am until 6 m From 9 am until 6 m From 9 am Thanksgiving Day to 3 m on Thanks ivin Da EVEN YEARS Father Mother Mother Mother Father Father ODD YEARS Father Mother Father Father Mother Father Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Mother Half 9 m Thanks ivin Da Christmas 2008 In 2008, Father shall have custody of the Child the Sunday before Christmas from 9:00 am until 8:00 pm and on Christmas Day from 8:00 am until 2:00 m. Subsequent " From noon on 12/24 to noon on Father Mother Christmases 1 Half 12/25 Subsequent d From noon on 12/25 to noon on Mother Fathe Christmases 2n 12/26 r Half Mother's Da ' From 9 am until 4 pm Mother Mother Father s Da _ From 9 am until 4 m Father Father Regular Physical Custodial Schedule Sunda Monda M Tuesda Wednesda Thursda Frida Saturda D at D 6 pm D D M at M M M 6 pm DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIEL 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 Katie Lee Robertson 10105106 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008, a status update conference was held May 12, 2008, an Order issued May 17, 2008 and a telephonic status update held on June 24, 2008, an Order was issued and a conciliation conference was held November 25, 2008, an Order issued December 8, 2008 and a conference was held March 09, 2009 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, Jane Alexander, Esq. The Father, David L. Robertson, individually but represented by Jeanne Costopolous, Esq. 3. The undersigned recommends, and the parties have agreed, to the entry of an Order in the form as attached. Date J angan, Esquir ustody Conciliator Page 1 of 1 Marylou Matas From: <DON NAWALBORN @comcast. net> To: <mmatas@sfi-law.com> Sent: Tuesday, June 02, 2009 9:45 AM Subject: Fwd: FYI from Ronnie ----- Forwarded Message ----- From: "David Robertson" <davey_r 50@hotmail.com> To: donnawalborn@comcast.net Sent: Friday, May 22, 2009 9:26:00 PM GMT -05:00 US/Canada Eastern Subject: RE: FYI from Ronnie I really can't afford it right now. If you pay my way, or suspend my support for a month, I will be more than happy to attend. Date: Fri, 22 May 2009 12:44:30 +0000 From: DONNAWALBORN@comcast.net To: davey_r_50@hotmail.com Subject: FYI from Ronnie Dave My insurance will cover the counseling sessions but we have to split the $500.00 retainer fee. I will be happy to set up the appointment when can we get started? Ronnie Insert movie times and more without leaving Hotmail@. See how, EXHIBIT J3 E -: I 6/2/2009 ?? rt t"1" ,? ti_ ter- ?? 2?v3 0r-`T t s f-;, 2.5, ? ?? y sa s 70 671 7v, w /Yo. 6 Marc. DAVID L. ROBERTSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RONNIE W. WALBORN DEFENDANT 40OM56 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, October 26, 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 Wednesday, December 02, 2009 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 . Man an 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 RLED-C C? THE PROTHONOTARY 28 9OCT Z7 AMiI: 47 MOB *kL;,40 G;w UNTY PffNNSYLVANIA JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY :PENNSYLVANIA NO. 08-856 : CIVIL ACTION - LAW :CUSTODY PLAINTIFF FATHER'S ANSWER TO DEFENDANT MOTHER'S PETITION FOR MODIFICATION AND CONTEMPT OF CUSTODY AND PLAINTIFF FATHER'S NEW MATTER - PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Plaintiff, David L. Robertson, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files the within Answer and New Matter: FATHER'S ANSWER TO MOTHER'S PETITION FOR MODIFICATION AND CONTEMPT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. No answer required. 8. Admitted. 9. Admitted. Count I - Contempt 10. Admitted. 11. Father is without sufficient information to admit or deny the allegations of paragraph 11 of Mother's Petition. By way of further answer, Mother has not provided Father with details regarding her insurance coverage. 12. Father admits that the email exchange took place. 13. No answer required with respect to what Mother desires. By way of further answer, Father is not opposed to counseling, he is simply unable to afford it at this time. 14. Denied. Father attempted to abide by the order and was unable to find appropriate counseling covered by his insurance. Count II - Modification 15. No answer required. 16. Admitted. 17. (Mother's petition contains two paragraph 17's) a. Denied. b. Father is without sufficient information to admit or deny the allegations in paragraph 17(b) of Mother's petition. c. Father admits that he is available during his custodial periods. d. It is denied that the child exhibits severe separation anxiety at being separated from Mother. By way of further answer, Mother's behavior encourages the child to act somewhat defiant at some of the exchanges, but the child quickly behaves once Mother is no longer creating drama in the presence of the child. e. Denied. f. Denied. Byway of further answer, the only conversations between the child and Mother involve the child asking Mother for her pacifier and Mother promising to provide it when they are together again. The child does not need or request the pacifier when in Father's custody. The child's behavior was discussed with the child's doctor and the doctor did not state that the behavior was anything other than normal for a child her age. g. Father specifically denies that he is not appropriately caring for the child during his periods of custody and strict proof is demanded. h. Denied. Mother creates unnecessary drama in both the child and Father's lives. i. Denied. Mother creates unnecessary drama in both the child and Father's lives. j. Omitted. k. Denied. The child's behavior will only deteriorate if Mother continues her drama and continues to engage in a course of conduct designed to alienate the child from Father. 1. No answer required. By way of further answer, Father desires primary custody of the child with Mother having periods of partial physical custody or visitation. 17. It is admitted the instant case is the only custody case pending in this Commonwealth. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. PLAINTIFF FATHER'S NEW MATTER - PETITION TO MODIFY CUSTODY 22. Paragraphs 1 through 21 above are hereby incorporated by reference as though fully set forth. 23. The parties are subject to a March 24, 2009 Order of Court signed by Judge Hess. 24. Father seeks to modify the March 24, 2009 Order such that he is granted primary physical custody of the child, with Mother having the child alternating weekends and some daytime hours during her days off. Father further seeks that the custody exchanges take place at a neutral location. 25. It is in the child's best interest to be in Father's primary custody for the following reasons: a. Mother has engaged in a course of conduct designed to alienate the child's affections towards Father; b. Father would encourage the child to maintain a relationship with Mother whereas Mother discourages the child from desiring a close relationship with Father; c. Members of Mother's family have acted inappropriately in the presence of the child and have disparaged Father in the presence of the child: i. Mother's father attempted to intimidate Father at a doctor appointment for the child; ii. On one occasion when Father came to pick up the child, Mother's mother told the child to tell Father she did not want to go with him. iii. Mother's family have repeatedly stated that what the current custody order states "doesn't matter". In one instance, Father had to contact police and file a report when Mother refused to permit the custody exchange. d. Mother does not give Father adequate notice of appointments she schedules for the child; e. Mother overly spoils the child when in her custody such that the child becomes defiant and unruly if she does not get her way. f. Mother purposely prevents the child from napping prior to custody exchanges so that she acts more clingy and cranky. Father has repeatedly requested Mother to permit the child to nap before he pick her up, but Mother refuses to cooperate. 26. Mother appears to suffer from psychological issues and Father fears that if the child remains in Mother's custody, the child will suffer irreparable psychological damage and his relationship with his daughter will be negatively affected. WHEREFORE, Plaintiff, David L. Robertson, respectfully requests this Honorable Court to modify the March 24, 2009 Order such that he is granted primary physical custody and the custody exchanges are changed to a neutral location. Respectfully Submitted: By: JEA E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 j Telephone No. (717) 221-0900 Date: ?2 /Z ` ATTORNEY FOR PLAINTIFF VERIFICATION I, David L. Robertson, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: t2 /1 C Q 9 O"Wll? David L. Robertson CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by hand delivering to counsel for Defendant at the custody conference before John Mangan on this date. By: JEA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Date: ?? ? ?? E?i?{ { .? ??..? .. _?'T?,?`? ?? C`. 2??5 G??.i. --?. ?y ? ??.? DEC 0 / 20090 DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-856 CIVIL ACTION LAW RONNIE M. WALBORN, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this - 74 day of December 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the /F9 day of , 2010 at . ,gyp am/pm in Courtroom number 4 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, David L. Robertson, and the Mother, Ronnie M. Walborn, shall have shared legal custody of Katie Lee Robertson, born 10/05/2006. 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. 4. Physical Custody: Mother and Father shall arrange physical custody with Katie as follows: a. Father shall have physical custody of Katie every Sunday from 6:00 pm until Wednesday at 6:00 pm. Transportation obligations shall be shared between the parties with the non-custodial parent picking Katie up at the other parent's residence. The exchange locations and times may be altered by mutual agreement. b. The parties may alter/expand said times and days as mutually necessary or proper. 5. Holidays: The parties have agreed to arrange holidays pursuant to the attached schedule. It is specifically noted that should either party be working on Christmas or any other holiday, each party shall be afforded reasonable time with the Child on the holiday pursuant to their work schedules. The holiday schedule shall supersede the regular custodial schedule. The parties may alter the holiday schedule by mutual agreement. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Both parties are directed to promptly return any missed phone calls when the Child is in their custody. 7. 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. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling (with the focus to be on "co-parenting" in order to resolve their obvious communication problems) with a mutually-agreed upon professional, as long as the counseling is covered by insurance. The parties shall select a professional from the list of providers under Mother's insurance within two (2) weeks of the instant Order. In the event the parties are unable to mutually agree on a provider for counseling, the parties may contact the assigned conciliator directly to make a decision for counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 10. 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. 11. Neither party shall smoke in confined areas when the Child is present and neither party shall permit another person to smoke in a confined area when the Child is present. 12. 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. By the Court, 14,??l J. Di tribution: arylou Matas, Esq. -,--J'e"anne Costopoulos, Esq. ?bhn J. Mangan, Esq. l??pl HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1St Half From 9 am until 3 m Father Father Easter Day 2° Half From 3 pm until 9 m Mother Mother Memorial Day From 9 am until 6 pm Mother Father Independence Day From 9 am until 6 m Mother Father Labor Day From 9 am until 6 m Father Mother Thanksgiving 1st From 9 am Thanksgiving Day to 3 Father Father Half m on Thanksgiving Day Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Mother Half 9 m Thanksgiving Da Christmas 2008 In 2008, Father shall have custody of the Child the Sunday before Christmas from 9:00 am until 8:00 pm and on Christmas Day from 8:00 am until 2:00 pm. Subsequent From noon on 12/24 to noon on Father Mother Christmases 0 Half 12/25 Subsequent From noon on 12/25 to noon on Mother Father Christmases 2°d 12/26 Half Mother's Day From 9 am until 4 m Mother Mother Father's Day From 9 am until 4 m Father Father Regular Physical Custodial Schedule Sunday Monday Tuesday Wednesday Thursday Friday Saturday M D at 6 pm D D D M at 6 pm M M M DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 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 Katie Lee Robertson 10/05/06 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008, a status update conference was held May 12, 2008, an Order issued May 17, 2008 and a telephonic status update held on June 24, 2008, an Order was issued and a conciliation conference was held November 25, 2008, an Order issued December 8, 2008 and a conference was held March 09, 2009, an Order was issued March 24, 2009 and a conciliation conference was held December 02, 2009 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, Marylou Matas, Esq. The Father, David L. Robertson, with his counsel, Jeanne Costopolous, Esq. 3. Father's position on physical custody is as follows: Father requests primary custody of the Child. Father indicates that he has a very good relationship with the Child and that he appropriately cares for Katie. Father indicates that his relationship with Mother and her family is quite strained. Father desires that custody exchanges take place in a neutral location. Father indicates that he is not opposed to engaging in counseling with Mother, but that the counseling is financially prohibitive. Father alleges that Mother and her family unduly influence the Child against Father. 4. Mother's position on physical custody is as follows: Mother requests primary custody of the Child. Mother has filed a Petition for Contempt against Father due to Father's lack of engagement in counseling. Mother would like to become involved with co-parenting counseling (therapeutic family counseling) with Father, but Mother alleges that Father is unwilling to do so. Mother alleges that the Child does not want to go with Father for his periods of physical custody and that Father does not appropriately care for the Child during his custodial periods. Mother does not feel that meeting in a neutral location is necessary and wants to exchange at their respective residences. 5. The undersigned makes specific note of the following: This is the sixth (60") report and proposed Order in the last year and a half. There is a significant amount of animosity between the parents and the level of cooperation/flexibility is very low. At the present time, in week one, Mother is off of work Friday and Father is off of work Monday through Wednesday. In week two, Mother is off of work Wednesday, Saturday and Sunday, and Father is off of work Monday through Wednesday. As such and in an effort to maximize each parent's time with the Child, during the conciliation the undersigned suggested that Father have physical custody in week one from Sunday 6:00 pm until Wednesday 6:00 pm and then from Saturday morning until Tuesday 6:00 pm in week two. This would give Mother and Father some weekend time and also the majority of their respective days off. Father would have 6/14 overnights, the same amount as present. However, Father requested that he have an additional overnight in week two through Wednesday. Mother also declined to accept the undersigned suggestion and stated that she is opposed to the Saturday exchange. Mother indicated that she would prefer to maintain the status quo rather than change to the undersigned suggestion. 6. 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 Children's best interest. It is expected that the Hearing will require one half day. 7. 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. 00, Date Jo angan, Esquire Cu tod Conciliator OF THE TH " M DEC -1 P" 39 4'4 W W% 20 10 fR 12 F1 lj: 24 JEANNt B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DAVID L. ROBERTSON, Plaintiff e`' G?!e V f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RONNIE M. WALBORN, Defendant NO. 08-856 : CIVIL ACTION - LAW :CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, David L. Robertson, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files this Motion based upon the following: 1. Petitioner is David L. Robertson, Plaintiff above. 2. Respondent is Ronnie M. Walborn, Defendant above. 3. The parties are scheduled for a custody hearing before Judge Kevin A. Hess on March 19, 2010 at 1:30 p.m. 4. The parties have reached a tentative agreement and drafts of a proposed stipulation are currently being exchanged. Undersigned counsel believes there is a high likelihood the case will be settled prior to the hearing date. 5. Undersigned counsel is scheduled for a hearing before Judge Guido on the same date and at the same time as currently scheduled hearing. 6. Defendant will not be prejudiced by a continuance since she has primary custody of the child and Plaintiff is the one who filed a petition to modify the current order. 7. Undersigned counsel consulted with Defendant's counsel, Marylou Matas, Esquire, who indicated that she would check with her client as to whether she opposed the motion. As of filing, no response has been forthcoming. WHEREFORE, Plaintiff respectfully requests a continuance of the March 19, 2010 hearing. RESPECTFULLY SUBMITTED BY: By: J E A . COST0POULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 3/W?" Date: Attorney for Plaintiff ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for David L. Robertson, Plaintiff. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing document are known to her and not necessarily to her client. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JEANN . COSTOPOULOS, ESQ-UM Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: Attorney for Plaintiff / z?2o f ?/ CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for the Plaintiff herein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Marylou Matas, Esq. 26 W. High Street Carlisle, PA 17013 And by faxing a true and exact copy thereof to the following: Marlou Matas, Esquire, fax no. (717) 243-6486 By: JE E B. COSTOPOULOS, ESQI7IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff DAVID L. ROBERTSON, Plaintiff V. RONNIE M. WALBORN, Defendant 20101', 16 Fii 41 II ' MAR 15 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-856 : CIVIL ACTION - LAW :CUSTODY ORDER -th AND NOW, this /a day of ??? _.l, 2010, inconsideration of Plaintiff's Motion for Continuance, the hearing scheduled for March 19, 2010 is continued until the day of , 2010, at 9,'30 Q .m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: ?Jeanne Costopoulos, Esq., 5000 Ritter Rd., Ste. 202, Mechanicsburg, PA 17055 For Plaintiff ?rylou Matas, Esq., 26 W. High Street, Carlisle, PA 17013 For Defendant 00F A. BY THE COURT: '' - l1 T1y' a; 3. ; 23 ?F9 1: 23 r Pt J COUNT`] '' P;,Ns'(LVANIA JEANNk B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff DAVID L. ROBERTSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-856 RONNIE M. WALBORN, : CIVIL ACTION - LAW Defendant :CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: PLAINTIFF'S MOTION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, David L. Robertson, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files this Motion based upon the following: 1. Petitioner is David L. Robertson, Plaintiff above, currently residing at 2329 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Respondent is Ronnie M. Walborn, Defendant above, currently residing at 83 Country View Estates, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are subject to an agreed upon order of court dated June 11, 2010 in which they share legal and physical custody such that Mother has custody of the child from Wednesday at 6:00 p.m. through Sunday at 6:00 p.m. and Father has custody of the child from Sunday at 6:00 p.m. through Wednesday at 6:00 p.m. 4. The child started kindergarten at Mount Rock Elementary School in the Big Spring ool District in August of 2012. The parties decided that the June 11, 2010 order was onger appropriate in light of the child's school schedule, but the parties have been ble to negotiate a new agreement. ier desires that the order be modified such that the parties share physical custody on iltemating weekly basis with the exchanges taking place on Fridays at 6:00 p.m. On off week, the non-custodial parent shall have the child on Wednesday from 5:00 p.m. it 8:00 P.M. 6. Mother has informed Father that she opposes the schedule Father is requesting. WHEREFORE, Plaintiff respectfully requests a shared order of custody be entered as set forth more particularly above. RESPECTFULLY SUBMITTED BY: By: dE" NNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ?/ ?? Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Marylou Matas, Esq. 26 W. High Street Carlisle, PA 17013 By JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dater ?'/S Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Marylou Matas, Esq. 26 W. High Street Carlisle, PA 17013 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Plaintiff DAVID ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 08-856 CIVIL ACTION - LAW RONNIE WALBORN, IN CUSTODY Defendant IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this lst day of May, 2013, a pretrial conference for this custody case was held in the jury deliberation room in Courtroom No. 6 of the Cumberland County Courthouse. Present on behalf of Plaintiff was Jeann6 B. Costopoulos, Esquire. Present on behalf of the Defendant was Marylou Matas, Esquire. This is a custody case between Defendant Mother, Ronnie M. Walborn, and Plaintiff Father, David L. Robertson, concerning their child Katie Lee Robertson born 5 October 2006 whose current custodial status is primarily with Mother and majority of weekends with Father which is outside of the March 4, 2013, court order but is permitted under that order. Mother is seeking to maintain primary physical custody of the Child while Father is seeking a 50/50 custodial split . The parties share legal custody. Plaintiff shall proceed first with testimony followed by Defendant and then the expected party witnesses, Plaintiff first then Defendant. The Court is reserving potential testimony of medical witnesses pending the exchange of documentation and/or exhibits. The Child is not expected to be called as a witness, and the Court directs that she not be at the courthouse during this proceeding. The total time allotted to each party for examination and cross examination of all witnesses is one half hours . How they choose to use it is left to them, but additional time will not be —. I given absent extraordinary circumstances . The exhibits for each side have not been fully exchanged. However, the Court is expecting school reports including report cards and a map showing the proximity of nearby relatives, schools, and the parties ' residences . Each side is given until 27 May 2013 to exchange with the other any exhibit they plan to introduce at trial and submit to the Court an exhibit list for the Court ' s use in aid of trial . This may be submitted to the Court in PDF format electronically. There are no outstanding motions . The trial shall commence on the 6th of June, 2013, at 1 : 00 p.m. in Courtroom No. 6 of the Cumberland County Courthouse. This order shall control the subsequent course of the action unless modified at trial to prevent manifest injustice. By the Court, Thomas Placey, C. P. J. Jeanne B. Costopoulos, Esquire - Y For the Plaintiff _ Marylou Matas, Esquire For the Defendant :mlc ,O� DAVID ROBERTSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 08-856 CIVIL ACTION - LAW RONNIE WALBORN, IN CUSTODY Defendant : IN RE: CUSTODY INTERIM ORDER ORDER OF .COURT AND NOW, this 6th day of June, 2013, following a custody trial, this interim order is entered to allow Katie Lee Robertson to attend the Central Penn Youth Rodeo Association' s next event . This interim schedule shall be a one time only calculation by the Court whereby: 1 . Mother shall return Katie to Father by 4 : 30 p.m. on June 13, 2013, 2 . Father shall return Katie to Mother by 4 : 30 p.m. on June 14, 2013, so that she may prepare and attend the rodeo, 3 .- Mother shall return Katie after the rodeo to Father' s on Sunday, June 16, 2013, and 4 . Father shall return Katie to Mother' s by 4 : 30 p.m. on Monday the 17th of June. Thomas A.VP acey, C. P. J. C-5 ;--o V-`Jeann6 B. Costopoulos, Esquire = c;.j For the Plaintiff MM -1-'Marylou Matas, Esquire For the Defendant CD CD <-) :mlc CD 120 tLL ti T r Pf' 0i THE Ti', t i�� 1`3 JUN 24 { r1 3: 1' CUMBERLAND COW4TY PEN NSYLVANIA DAVID L. ROBERTSON, � of Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT IN CUSTODY RONNIE M. WALBORN, Defendant 2008-00856 IN RE: CUSTODY ORDER ORDER OF COURT AND NOW, this 24th day of June 2013, following a trial regarding the above- captioned parents' physical and legal custodial responsibilities of their minor child, Katie Lee Robertson, born 5 October 2006, and it being found that both are well suited as parents with supportive extended families that are ready, willing and able to promote this child, it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their child. a. Major parental decisions concerning their child, including, but not limited to, their child's health, medical, dental and orthodontic treatment, mental and emotional health treatment, education,,religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a 1 harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S §5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their child's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child's progress and welfare. e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their child's enrollment or termination in a particular school or school program, advancing or holding their child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing minor child's marriage, enlistment in the armed 2 forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. h. Parents shall civilly and respectfully communicate about co-parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 17 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their child from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the child's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their child and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their child and to the extent possible, shall not permit third parties from making such comments in the presence of their child while in their physical custody, whether they are sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. 3 d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their child to provide reports about the other party. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to the child to be put in the role of a SPY. f. The child shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach the child proper moral conduct by engaging in or condoning improper conduct. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her child. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. 4 j. It is in the child's best interest for the parents and all adults to understand that the child is/are trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider the child's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by 5 telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the child's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the child is not with a parent, the custodial parent may telephone for the child periodically during daytime hours of the custody period, as needed, without being intrusive, which is in addition to the good night call. j. The parents will not deviate from the regular custody schedule because of their child's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. 6 I. If one parent will be late for a physical custodial exchange they shall call or text the other parent as soon as possible but no later than 20 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: a. Mother and Father shall have shared physical custodial responsibility for their child. b. Mother and Father shall have shared physical custodial responsibilities for their child in accordance with the following schedule: i. Alternating weekends from Friday after school/work until Monday when the child shall be taken to school. ii. Alternating weekdays from Monday after school through Friday when the child shall be taken to school. iii. The alternating weekend shall be in sync with the alternating weekends that Father has with his step-daughters. If there is a change in this cycle the parents shall trade weekends / holidays so that the three girls are in Father's home on the same weekends. iv. When school is not in session the weekend/weekday exchange shall be on Friday and Sunday at 6:00 p.m. v. One evening a week after work/school until 7:00 p.m. vi. Katie is to remain in her current school at Mount Rock Elementary. vii. Such additional times as the parents can agree. c. School Holidays and Teacher In-Service Days: Long weekends due to school in-service days and holidays including but not limited to Martin 7 Luther King Day, President's Day and Columbus Day shall attach to the weekend. The return time is 6:00 p.m. on the holiday. In-service days occurring on Friday will attach to the weekend and will begin after school Thursday. In-service days occurring on Monday will attach to the prior weekend. d. Summer: Each parent shall be allowed to select an exclusive uninterrupted two (2) week vacation time period with their child. Mother shall have first choice of her weeks during even-numbered years and Father shall have first choice of his weeks during odd-numbered years. The parent with first choice should make his/her choice known to the other parent no later than April 1 st of each year. e. Holidays: The holiday schedule shall take priority over the regular custody schedule. f. Holiday schedule: The parents are encouraged to arrive at their own holiday schedule; however, if they cannot a holiday schedule is affixed as Attachment A. g. Mother's Day and Father's Day: Mother will have physical custodial responsibilities for their child on Mother's Day weekend and Father will have physical custodial responsibilities for their child on Father's Day weekend. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the child. 8 b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the child have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the child, e. The child should be consulted as to their schedules when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. g. If a parent is unable to keep an appointed exchange time or other appointment for the child, beyond running,late for an exchange, they should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the child both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. 6. Transportation: 9 a. The parent relinquishing custodial responsibility shall drive the children to the other parent's residence, walking them to that parent's front door. b. Both parents shall insure that the child use appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize ways for their child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities in which the child wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their child, each parent will make certain that the child attends their extracurricular activities and transport the child on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Child's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the child's 10 property, not the parents', entitling the toys or clothes to be taken by the child and back with the child, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing babysitting/child- care providers. Each parent has the right to object to child-care providers, other than family members, if there is an objection the parents shall proceed as outlined in paragraph 17 of this order to work toward a reasonable resolution before litigation. The telephone numbers of any and all child-care providers outside the home shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their child may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their child spend an overnight at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver, if appropriate and it can be arranged when it is in the best 11 interests of the child. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. c. In the event that either parent intends to leave the child overnight or for a period of three (3) hours or longer in the custody of a person other than the custodial parent at a location outside the residence, that parent must first offer the non-custodial parent the opportunity for additional time with the child before making other arrangements for the temporary care of the child: 1. Either parent shall have the right of first refusal to care for the child if the absence of either should be necessary during his or her normal "Parenting Time." The use of babysitters, daycare facilities, friends or family members shall be secondary to this right. 2. If the custodial parent chooses, is forced, or is required to leave the child overnight or for three (3) hours or more outside of their residence, he/she must make every attempt to contact the non- custodial parent. If the custodial parent is unable to contact the non-custodial parent before he/she leaves, he/she must leave a message on the non-custodial parent's phone and electronic mail, giving him/her the opportunity to pick the child up from the caregiver or family member with whom she was left. 3. The custodial parent must also leave the phone number and address of the caregiver or family member with whom the child was left on the answering machine and in the electronic mail, so the 12 non-custodial parent can easily contact the person with whom the child has been left. 4. The custodial parent must also make the caregiver or family member with whom the child was left aware that the non-custodial parent may pick up the child from the caregiver at any reasonable time that he/she so choose, and that the non-custodial parent has every right to do so. 5. If the non-custodial parent chooses to care for the child in the custodial parent's absence, the non-custodial parent shall pick The child up, and the custodial parent shall retrieve the child from the non-custodial parent's home or other mutually agreed upon location, when he/she returns from his/her absence. If both parents mutually agree, the transportation arrangement may be reversed, with the custodial parent delivering the child to the non-custodial parent's home and the non-custodial parent returning the child to the custodial parent's home when he/she returns from his/her absence. 6. If the non-custodial parent wishes to care for the child in the custodial parent's absence, but neither party is capable of providing transportation to or from the other parent's location at that time, the custodial parent may leave the child with a specified family member or care giver until the non-custodial parent is able to pick the child 13 up. The custodial parent shall then retrieve the child from the non- custodial parent's home when he/she returns from his/her absence. 7. A parent leaving the child with a temporary childcare provider or family member shall notify the non-custodial parent of the duration of the temporary care of the child by other persons. 8. If the custodial parent returns from his/her absence past the child's bed time, he or she must wait until the following morning, at a reasonable hour, to retrieve the child from the non-custodial parent's home. 11. Safety: a. Both parents shall adopt measures that promote the safety of the child and to shield their child from sexual exploitation. b. Jointly the parents shall create a safety plan for the child, which provides a proactive advantage to the child during any emergency situation. The plan shall assure that the child knows where to go and who to call in the event of any emergencies. 12. Illegal Druqs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. 14 b. If a party shows up for a visit visibly under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their child when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their child for e-mail communication between the parents concerning parenting issues and communication with their child. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical status, scheduling updates and/or developmental milestones. c. Nightly, Katie shall place a phone call to a designated number of the other parent one half-hour prior to Katie's scheduled bedtime. In no event shall this call be later than 8:00 p.m. The sole purpose of this call is to allow Katie to say good night to the non-custodial parent and other members of that household. If the phone call results in an answering machine pick-up, the custodial parent shall encourage Katie to leave a message saying good night. This is not a time for the parents to discuss any matter. If the parties wish to discuss custodial issues, it must be done outside of this good night call. 14. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly 15 impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their child, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. b. Both parents are always encouraged to relocate closer to each other's residence. c. The parent proposing relocation must notify all parties in accordance with 23 Pa.C.& §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation, 15. Shared Parenting Education: The parents shall keep themselves updated on shared parenting techniques, including reviewing the website UpToParents.org as part of their mutual commitment to Katie Lee Robertson. 16. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. Co-Parenting Counseling: The parties shall attend co-parent counseling at the request of either party, which the court will designate a counselor if the parties or their legal counsel cannot agree on a mutually acceptable counselor. If there is no agreement, counsel shall submit in writing to the court his or her client's request for a counselor together with identification of their proposed counselor along with that counselor's resume, hourly 16 rate, and program methodology, the other side will be given an opportunity to present similar information on their counselor of choice and the court will select one of the choices for the parents to attend. c. The parents shall enroll their child in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the child. 17. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the child. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the child. c. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their child. d. Mediation: Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order shall, prior to engaging 17 in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Low cost mediation is available for litigants through Neighborhood Dispute Settlement (NDS at 233-8255). 18. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. 19. Enumerated Offenses: No member of either household has been identified as having a conviction for an enumerated offense. The parties are reminded that, should a petition to modify this Custody Order be filed, the parties will need to comply with the requirements of 23 Pa.C.S. §5329. 20. ASSESSMENT: In arriving at this plan, the court considered the following factors are made from the court's notes without a transcript: a. Father is married with step-children since 2011 and works in Mechanicsburg for the Department of Defense. 18 u a b. Mother is unmarried, whose fiance lives with her, and she works part time hours as a certified nurse assistant, primarily working with housebound patients. c. The parents live approximately 8 miles apart within the same school districts but are serviced by different elementary schools. d. The near age half-sisters of Katie attend the other elementary school. e. Mother's mother, the maternal grandmother, has a nearby horse farm and Katie has been, since a young age albeit without Father's advice and consent, active in the local rodeo circuit. f. Maternal grandmother and Katie have a fully developed bond that should be encouraged, which means that a developed communication system is necessary so that child may compete in the rodeo as long as she is able. g. Mother has been the primary care giver and the unilateral decision maker practically in all aspects of the child's life. h. Mother indicates that she has a bi-polar disorder that Father agrees has been much more under control in recent times, which is believed due to Mother's continuing course of treatment. i. Father has a structured parenting style, which has developed in part to the time demands of his work and home lifestyle. j. Mother has a liberal open parenting style, which is in part because she has not had full time employment. k. Mother believes child is in need of consistent school schedule in order to maintain a disciplined education, not a shared schedule. 19 s � I. Mother's general concerns with private sitter can be addressed by giving both parties the first opportunity of caring for child in extended child care situations. m. There is a communication issue between the parents that is gradually improving and this order needs to provide fall back guidelines and routes for either parent to get assistance, say of a co-parent counselor, when required. n. Mother's desire to limit Katie's exposure, while a valid concern, is readily addressed by giving Mother access to those areas of non-familial exposure. o. Father's desire to control Katie's custodial time to areas he has scheduled must bend to the outside the schedule demands of rodeo when possible, provided there is adequate notice of the events, which requires more communication than giving over a website address. These factors demonstrate that each parent is a loving caring individual; albeit with distinct ideas of how Katie should be allowed to develop as a child and to what external environments should she be exposed. This Custody Order is designed to allow each parent to reasonably and appropriately address their concerns in an adult fashion, while giving each parent maximum quality time with 'Katie. Thomas A. Placey, C.P.J. i Q 20 Distribution: Marylou Matas, Esq. Jeanne Costopoulos, Esq. 21 4 HOLIDAYS AND SPECIAL DAYS SCHEDULE DAY TIMES EVEN YEAR ODD YEAR Easter 1St half 9 am to 2 pm Father Mother Easter 2nd half 2 pm to 7 pm Mother Father Memorial Day 9 am to 7 pm Mother Father Independence Day 9 am to 7 pm Father Mother Labor Day 9 am to 7 pm Mother Father Halloween . 5 pm to 8 pm Father Mother Thanksgiving 1St half 9 am to 2 pm Mother Father Thanksgiving 2nd half 2 pm to 7 pm Father Mother Christmas 1St half 6 pm 24 December to Father Mother noon 25 December Christmas 2nd half Noon 25 December to 9 Mother Father am 26 December New Years 6 pm 31 December to Mother Father noon 1 January* Mother's Day 9 am to 7 pm Mother Mother Father's Day 9 am to 7 pm Father Father *The calendar year on December 31St dictates the odd or even year determination. \\ccpasr07\ncca$\DATA\tplacey\Custody\HOLIDAYS AND SPECIAL DAYS SCHEDULE.docx Attachment A DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEA, Off, ;: Plaintiff CUMBERLAND COUNTY, PENNSYWANIA rn 1-t l V. NO. 2008-856 CIVIL TERN ca -0--- r- � RONNIE WALBORN, CIVIL ACTION - LAW r Defendant IN CUSTODY J. Placey ' " PETITION FOR CONTEMPT AND NOW, comes Petitioner, Ronnie Walborn, by and through her attorney, Marylou Matas, Esquire, and the law firm of Saidis, Sullivan & Rogers, and files this Petition for Contempt and in support thereof avers as follows: 1. Petitioner is Ronnie Walborn, Defendant herein, currently residing at 83 Country View Estates, Newville, Pennsylvania, 17241. Petitioner is hereinafter referred to as "Mother." 2. Respondent is David Robertson, Plaintiff herein, currently residing at 2329 Ritner Highway, Carlisle, Pennsylvania 17015. Respondent is hereinafter referred to as "Father." 3. Parties are the biological parents of one.minor child; Katie Lee Robertson, born October 5, 2006. 4. The parties are subject to the Custody Order of Court dated June 24, 2013 Law Offices of (hereinafter referred to as "Custody Order"). This Order is attached hereto and incorporated Sa>.idis Sullivan herein as Exhibit A. & Rogers 5. Pursuant to the Custody Order, the parties have shared legal custody and 26 West High Street Carlisle,PA 17013 shared physical custody of the child on a week on/week off schedule. 6. Paragraph 16, Section B of the Custody Order states: "[t]he parties shall attend co-parent counseling at the request of either party..." 7. Mother has requested that she and Father attend co-parent counseling on de3- oo 6C/ AXy G-* 3sd8 2 R-1#-- 301.5 99 numerous occasions and Father has refused to engage in conversation regarding attending or selecting a counselor. 8. Paragraph 16, Section C of the Custody Order provides: "The parents shall enroll their child in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussion with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interest of the child." 9. The child was previously engaged in counseling with Sarah Taby, with Franco Psychological Associates from October 16, 2013 to.October 30, 2013. 10. Mother sought Father's consent to permit the child to continue to see her counselor on a biweekly basis. 11. Father denied Mother's request to allow the parties' child to continue counseling. Father and Mother's text message conversation dated November 2013 discussing the child continuing counseling is attached hereto and incorporated herein as Exhibit B. 12. Mother believes and therefore avers that Father and his current wife have been experiencing marital difficulties which are affecting the child, including loud arguments in front of the child and Father and the child moving twice from his home to paternal grandmother's home for a period of time. Law Offices of Saidis 13. Mother believes that it is in the child's best interest to continue to participate Sullivan in counseling based on the volatile situation in Father's home. & Rogers 26 west High street 14. The child continues to request that she be permitted to meet with her Carlisle,PA 17013 counselor. 15. Paragraph 13, Section C of the Custody Order states in part: "Nightly, Katie shall place a phone call to a designated number of the other parent... The sole purpose of this call is to allow Katie to say good night to the non-custodial parent..." 16. During Father's week of custody, Father does not always encourage Katie to initiate a "good night call" to her Mother. 17. During Father's custodial weeks, Mother consistently calls Father's cell phone every evening at 8:00 PM to speak to the child, but Father does not answer his phone. 18. Additionally under Paragraph 13 of the parties' Custody Order, Section B provides: "Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical.status, scheduling updates and/or developmental milestones." 19. Father refuses to send Mother a weekly update email during his periods of custody and has not done so since the entry of the Order. 20. Mother sends weekly updates to Father during her periods of custody with the child, with near consistency, although some updates are to inform him of upcoming events. 21. The Order of Court specifies the parties' holiday schedule, as Attachment A. 22. According to Attachment A, Father was to exercise physical custody of the child from 6:00 pm on December 31St through noon on January 1St for the New Year's holiday. Law Offices of Saidis 23. Mother requested she pick the child up at noon on January 1St and return the Sullivan & Rogers child at 6:00pm according to the Order. 26 west High street 24. Father refused to allow Mother to have custody t stating he did not Carlisle,PA 17013 y noon, s g believe that the New Years' holiday was a split holiday and that Mother was only entitled to her iperiod of visitation from 4:00 pm to 7:00 pm. The parties' text message discussion regarding this holiday is attached hereto and incorporated herein as Exhibit C. 25. The parties' Order of Court, paragraph 7, Section E states: "During the times that the parents have physical custodial responsibilities of their child, each parent will make certain that the child attends their extracurricular activities and transport the child on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events." 26. The child has participated in 4-H clubs and events for the past two (2) years. 27. Despite the fact that Father has been made aware of the child's 4-H schedule and events with plenty of prior notice, he continues to place obstacles in the way of the child's ability to participate in these events during his periods of custody. 28. On numerous occasions, Father has refused to permit the child to attend previously scheduled, mandatory 4-H events during his period of custody, causing the child distress and jeopardizing her ability to transition to the next club level with her peers and friends. 29. During Father's period of custody, the child was scheduled to participate in a rodeo competition; despite being aware of the event, Father did not plan to attend. Father then made it difficult for Mother to pick up the child for transportation purposes, given that Mother needed to drive a large trailer. 30. Paragraph 7c of the parties' custody Order states: "Both parents shall honor and be supportive of the extracurricular activities in Law Offices of Sa>.idis which the child wishes to engage." Sullivan 31. The child was invited to attend the Youth Rodeo Banquet, which Father did & Rogers 26 west High street not attend, despite having notice, telling the child he did not have funds to do so (tickets Carlisle,PA 17013 were $15.). 32. The child was invited to attend the 4-H banquet, which Father did not attend, despite having notice, telling the child he did not have the funds to do so (tickets were $6.) 33. Father is willfully and intentionally disregarding and disobeying the Court's .Order as it relates to the terms of custody of the parties' minor child. 34. Father is not supportive of the child's activities and is willfully violating the terms of this Court's Order. 35. Respondent's counsel, Jeanne Costopoulous, Esquire, has been contacted with respect to this Petition and does not concur with the relief requested. WHEREFORE, Petitioner/Mother requests your Honorable Court to hold Respondent/Father in Contempt of the Custody Order dated June 24, 2013, and direct the following. 1. Respondent is in contempt of the June 24, 2013 Order of Court; 2. Petitioner shall be permitted to engage the services of Sarah Taby with Franco Psychological Associates for the purposes of individual counseling for the parties' daughter; 3. Petitioner shall submit a list of three (3) suggested co-parent counselors to Respondent within seven (7) days and Respondent shall decide upon a co-parent counselor. The parties will regularly attend co- parent counseling sessions until successfully discharged by the col parent counselor; and 4. Respondent is directed to pay legal fees of Petitioner in the amount of$500.00 for preparation and filing of this Contempt action; and 5. Any other sanctions the Court deems appropriate. Law offices of Respectfully submitted, Saidis Sullivan SAIDIS, SULLIVAN & ROGERS & Rogers 26 West High Street NN� Carlisle,PA 17013 Marylo atas, Esquire Supreme Cou ID No. 84919 26 West High Street Dated:2-/q/ Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Defendant DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-856 CIVIL TERM RONNIE WALBORN, CIVIL ACTION —LAW Defendant : IN CUSTODY J. Placey VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: <21AL\ `lly Ronnie Walborn ♦ I . 1 L ii yy (�ryry i ! 1 OF +�1r46J�41i`"f"f�rc.y 2013,SUN 24 PH 31 07 CUMBERLAND COUNTY PENNSYLVANIA DAVID L. ROBERTSON, Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT IN CUSTODY RONNIE M. WALBORN, Defendant 2008-00856 IN RE: CUSTODY ORDER ORDER OF COURT AND NOW, this 24th day of June 2013, following a trial regarding the above- captioned parents' physical and legal custodial responsibilities of their minor child, Katie Lee Robertson, born 5 October 2006, and it being found that both are well suited as parents with supportive extended families that are ready, willing and able to promote this child, it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their child. a. Major parental decisions concerning their child, including, but not limited to, their child's health, medical, dental and orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a 1 EXHIBIT a I i I harmonious arentin plan, not in their own individual best interests, but p gp i rather in their child's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S §5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their child's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child's progress and welfare, e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their child's enrollment or termination in a particular school or school program, advancing or holding their child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing minor child's marriage, enlistment in the armed ' 2 a forces, approving a petition for emancipation, authorizing foreign travel, I passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. h. Parents shall civilly and respectfully communicate about co-parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 17 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their child from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the child's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their child and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their child and to the extent possible, shall not permit third parties from making such comments in the presence of their child while in their physical custody, whether they are sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. 3 9 d. Each parent shall speak respectfully of the other whether it is believed the 3 other reciprocates or not, Each parental figure shall refer to the other by 3 the appropriate role name such as.Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their child to provide reports about the other party. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to the child to be put in the role of a SPY f. The child shall be protected by the parents from individuals with poor character(including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach the child proper moral conduct by engaging in or condoning improper conduct. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her child. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children, 4. '1 j. It is in the child's best interest for the parents and all adults to understand that the child is/are trying to cope with the custody litigation and related a issues, and need help in loving both parents, rather than interference or censure, i k. At all times, the parents shall consider the child's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate { decisions. e, In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by 5 telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the child's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. L When the child is not with a parent, the custodial parent may telephone for the child periodically during daytime hours of the custody period, as needed, without being intrusive, which is in addition to the good night call. j. The parents will not deviate from the regular custody schedule because of j i their child's birthday. i k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. 6 1 I. If one parent will be late for a physical custodial exchange they shall call or text the other parent as soon as possible but no later than 20 minutes prior to the appointed meeting time. i 4. Physical Custodial Responsibility Schedule: a. Mother and Father shall have shared physical custodial responsibility for their child. , b. Mother and Father shall have shared physical custodial responsibilities for their child in accordance with the following schedule: i. Alternating,weekends from Friday after school/work until Monday when the child shall be taken to school. ii. Alternating weekdays from Monday after school through Friday when the child shall be taken to school. iii. The alternating weekend shall be in sync with the alternating weekends that Father has with his step-daughters. If there is a change in this cycle the parents shall trade weekends /holidays so that the three girls are in Father's home on the same weekends. iv. When school is not in session the weekend/weekday exchange shall be on Friday and Sunday at 6:00 p.m. v. One evening a week after work/school until 7:00 p.m. vi. Katie is to remain in her current school at Mount Rock Elementary. a vii. Such additional times as the parents can agree. c. School Holidays and Teacher In-Service Days: Long weekends due to school in-service days and holidays including but not limited to Martin 7 Luther King Day, President's Day and Columbus Day shall attach to the weekend. The return time is 6:00 p.m. on the holiday. In-service days ; i occurring on Friday will attach to the weekend and will begin after school i Thursday. In-service days occurring on Monday will attach to the prior weekend. d. Summer: Each parent shall be allowed to select an exclusive uninterrupted two (2) week vacation time period with their child. Mother shall have first choice of her weeks during even-numbered years and Father shall have first choice of his weeks during odd-numbered years. The parent with first choice should make his/her choice known to the other parent no later than April 1't of each year. e. Holidays: The holiday schedule shall take priority over the regular custody schedule. f. Holiday schedule: The parents are encouraged to arrive at their own holiday schedule; however, if they cannot a holiday schedule is affixed as Attachment A. g. Mother's Day and Father's Day: Mother will have physical custodial responsibilities for their child on Mother's Day weekend and Father will have physical custodial responsibilities for their child on Father's Day weekend. 5. General Custodial Schedule Provisions: l a. The parents may revise this schedule upon written agreement and should i be flexible for the sake of the child. 8 i b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected i opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the child have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the child. e. The child should be consulted as to their schedules when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. g. If a parent is unable to keep an appointed exchange time or other appointment for the child, beyond running late for an exchange, they should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare 1 the child both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. 6. Transportation: 9 9 a. The parent relinquishing custodial responsibility shall drive the children to the other parent's residence, walking them to that parent's front door. i b. Both parents shall insure that the child use appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize ways for their child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two.weeks' or greater advance notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities in which the child wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their child, each parent will make certain that the child attends their extracurricular activities and transport the child on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Child's Propert : Toys, clothes, etc. shall not become matters of F I contention between the parents as these generally are the child's 10 property, not the parents', entitling the toys or clothes to be taken by the I i child and back with the child, as reasonably appropriate. I 9. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as i 1 weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. i 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing babysitting/child- care providers. Each parent has the right to object to child-care providers, other than family members, if there is an objection the parents shall proceed as outlined in paragraph 17 of this order to work toward a reasonable resolution before litigation. The telephone numbers of any and all child-care providers outside the home shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their child may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their child spend an overnight at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver, if appropriate and it can be arranged when it is in the best 11 I + I i 3 3 i interests of the child. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. i c. In the event that either parent intends to leave the child overnight or for a period of three (3) hours or longer in the custody of a person other than ` the custodial parent at a location outside the residence, that parent must first offer the non-custodial parent the opportunity for additional time with the child before making other arrangements for the temporary care of the child: 1. Either parent shall have the right of first refusal to care for the child if the absence of either should be necessary during his or her normal "Parenting Time." The use of babysitters, daycare facilities, friends or family members shall be secondary to this right. 2. If the custodial parent chooses, is forced, or is required to leave the child overnight or for three (3) hours or more outside of their residence, he/she must make every attempt to contact the non- custodial parent. If the custodial parent is unable to contact the non-custodial parent before he/she leaves, he/she must leave a message on the non-custodial parent's phone and electronic mail, giving him/her the opportunity to pick the child up from the I caregiver or family member with whom she was left. 3. The custodial parent must also leave the phone number and address of the caregiver or family member with whom the child was left on the answering machine and in the electronic mail, so the 12 non-custodial parent can easily contact the person with whom the child has been left. 4. The custodial parent must also make the caregiver or family j member with whom the child was left aware that the non-custodial. parent may pick up the child from the caregiver at any reasonable time that he/she so choose, and that the non-custodial parent has every right to do so. 5. If the non-custodial parent chooses to care for the child in the custodial parent's absence, the non-custodial parent shall pick The child up, and the custodial parent shall retrieve the child from the non-custodial parent's home or other mutually agreed upon location, when he/she returns from his/her absence. If both parents mutually agree, the transportation arrangement may be reversed, with the custodial parent delivering the child to the non-custodial parent's home and the non-custodial parent returning the child to the custodial parent's home when he/she returns from his/her absence. 6. If the non-custodial parent wishes to care for the child in the custodial parent's absence, but neither party is capable of providing transportation to or from the other parent's location at that time, the custodial parent may leave the child with a specified family member or care giver until the non-custodial parent is able to pick the child 13 up. The custodial parent shall then retrieve the child from the non- . 1 custodial parent's home when he/she returns from his/her absence. 9 7. A parent leaving the child with a temporary childcare provider or family member shall notify the non-custodial parent of the duration of the temporary care of the child by other persons. 8. If the custodial parent returns from his/her absence past the child's bed time, he or she must wait until the following morning, at a reasonable hour, to retrieve the child from the non-custodial parent's home. 11. Safe : a. Both parents shall adopt measures that promote the safety of the child and to shield their child from sexual exploitation. b. Jointly the parents shall create a safety plan for the child, which provides a proactive advantage to the child during any emergency situation. The plan shall assure that the child knows where to go and who to call in the event of any emergencies. 12. Illegal Drugs Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The j I parents shall likewise assure that other household members and/or house guests comply with this prohibition. 14 b. If a party shows up for a visit visibly under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: 1 a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their child when in the custody of the other ' parent. Both parents shall establish an e-mail address for themselves and i their child for e-mail communication between the parents concerning parenting issues and communication with their child. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical status, scheduling updates and/or developmental milestones. c. Nightly, Katie shall place a phone call to a designated number of the other parent one half-hour prior to Katie's scheduled bedtime. In no event shall this call be later than 8:00 p.m. The sole purpose of this call is to allow Katie to say good night to the non-custodial parent and other members of that household. If the phone call results in an answering machine pick-up, the custodial parent shall encourage Katie to leave a message saying good night. This is not a time for the parents to discuss any matter. If the parties wish to discuss custodial issues, it must be done outside of this good night call. 14. Relocation: 1 a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly 15 1 impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their child, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. b. Both parents are always encouraged to relocate closer to each other's residence. c. The parent proposing relocation must notify all parties in accordance with 23 Pa.C.S. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 15. Shared Parenting Education: The parents shall keep themselves updated on shared parenting techniques, including reviewing the website UpToParents.org as part of their mutual commitment to Katie Lee Robertson. 16. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. Co-Parenting Counseling: The parties shall attend co-parent counseling at the request of either party, which the court will designate a counselor if the parties or their legal counsel cannot agree on a mutually acceptable counselor. If there is no agreement, counsel shall submit in writing to the court his or her client's request for a counselor together with identification a of their proposed counselor along with that counselor's resum6, hourly 16 i rate, and program methodology, the other side will be given an opportunity a A to present similar information on their counselor of choice and the court will select one of the choices for the parents to attend. c. The parents shall enroll their child in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after i notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best y interests of the child. 17. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which. is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the child. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the child. c. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their child. d. Mediation: Any proposed changes to this Order which cannot be agreed 1 upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order shall, prior to engaging 17 5 in litigation, first be attempted to be resolved through mediation with a I trained mediator, the cost to be shared equally by the parents. Low cost mediation is available for litigants through Neighborhood Dispute ;) a Settlement (NDS at 233-8255). 18. Contempt: i a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. 19. Enumerated Offenses: No member of either household has been identified as having a conviction for an enumerated offense. The parties are reminded that, should a petition to modify this Custody Order be filed, the parties will need to comply with the requirements of 23 Pa.C.S. §5329. 20. ASSESSMENT: In arriving at this plan, the court considered the following factors are made from the court's notes without a transcript: a. Father is married with step-children since 2011 and works in i Mechanicsburg for the Department of Defense. I 1 18 f t 1 s b. Mother is unmarried, whose fiance lives with her, and she works part time hours as a certified nurse assistant, primarily working with housebound patients. c. The parents live approximately 8 miles apart within the same school districts but are serviced by different elementary schools. d. The near age half-sisters of Katie attend the other elementary school. e. Mother's mother, the maternal grandmother, has a nearby horse farm and Katie has been, since a young age albeit without Father's advice and consent, active in the local rodeo circuit. f. Maternal grandmother and Katie have a fully developed bond that should be encouraged, which means that a developed communication system is necessary so that child may compete in the rodeo as long as she is able. g. Mother has been the primary care giver and the unilateral decision maker practically in all aspects of the child's life. h. Mother indicates that she has a bi-polar disorder that Father agrees has been much more under control in recent times, which is believed due to Mother's continuing course of treatment. i. Father has a structured parenting style, which has developed in part to the time demands of his work and home lifestyle. i j. Mother has a liberal open parenting style, which is in part because she i has not had full time employment. k. Mother believes child is in need of consistent school schedule in order to a A maintain a disciplined education, not a shared schedule. 19 :r { I. Mother's general concerns with private sitter can be addressed by giving i both parties the first opportunity of caring for child in extended child care situations. m. There is a communication issue between the parents that is gradually 1 improving and this order needs to provide fall back guidelines and routes for either parent to get assistance, say of a co-parent counselor, when required. n, Mother's desire to limit Katie's exposure, while a valid concern, is readily addressed by giving Mother access to those areas of non-familial exposure. o. Father's desire to control Katie's custodial time to areas he has scheduled must bend to the outside the schedule demands of rodeo when possible, provided there is adequate notice of the events, which requires more communication than giving over a website address. These factors demonstrate that each parent is a loving caring individual; albeit with distinct ideas of how Katie should be allowed to develop as a child and to what external environments should she be exposed. This Custody Order is designed to allow each parent to reasonably and appropriately address their concerns in an adult fashion, while giving each parent maximum quality time with Katie. E-G E)6 , �Ge3oua ox d �o�ep $141 Thomas A. Placey, C.P.J. j ed 181SOA pies 40 Lees 0143 pus pueu Aw 3as 03un a3e14 I 14091OLIM AU0Wt;sas UI aUO3:H WOMA Ado3 3nH.IL.. ' 20 i Distribution: Marylou Matas, Esq. j Jeanne Costopoulos, Esq. i i �i 21 4 HOLIDAYS AND SPECIAL DAYS SCHEDULE DAY TIMES EVEN YEAR ODD YEAR Easter 1St half 9 am to 2 pm Father Mother Easter 2nd half 2 pm to 7 pm Mother Father Memorial Day 9 am to 7 pm Mother Father Independence Day 9 am to 7 pm Father Mother Labor Day 9 am to 7 pm Mother Father Halloween . 5 pm to 8 pm Father Mother Thanksgiving 1St half 9 am to 2 pm Mother Father Thanksgiving 2nd half 2 pm to 7 pm Father Mother Christmas 1St half 6 pm 24 December to Father Mother noon 25 December Christmas 2nd half Noon 25 December to 9 Mother Father am 26 December New Years 6 pm 31 December to Mother Father noon 1 January* Mother's Day 9 am to 7 pm Mother Mother Father's Day 9 am to 7 pm Father Father *The calendar year on December 31St dictates the odd or even year determination. \\ccpasr07\ncca$\DATA\tplacey\Custody\HOLIDAYS AND SPECIAL DAYSSCHEDULE.docz Attachment A Hannah White-Gibson From: Marylou Matas Sent: Monday, December 23, 2013 8:38 PM To: Hannah White-Gibson Subject: FW: Fwd:walborn From: DONNA [mailto:DON NAWALBORN @ comcast.net] Sent: Tuesday, November 19, 2013 4:43 PM To: Marylou Matas Subject: Fwd: This is the whole text message , the 1 he sent today stating he canceled the appointment is being sent from my phone. Let me know you have received them. Donna David (1/2) Well it seems as you are still in the same frame of mind as you were when u made us go to the last one and you made it totally useless...so I'm sure (2/2) it'll be another big waste of time. But wed late afternoon if we have to. Or tues or thurs afternoon before 230 Ronnie If you refuse to go its up to you an what do you think about Katie to keep going to see Sara David (1/2) We have to go. I'm not refusing. And...I never agreed to have katie go to the counseling I don't believe... and don't see the need for her to go. She (2/2) handles it great from what we see U always try to talk her into having problems. That's messed up. She does awesome. Ronnie Ok so u don't want her to go I will have to call an let them know she won't be back ... I don't see the same things u do but then again i never do right An you don't have to do anything you don't want to called an let them know Katie will not be at her.next appt David talked to the lady n told her I would review the paperwork n decide n let her know. EXHIBIT 1 e••oo Verizon 3G 4:08 PM 1 a � Messages Dave Contact Yea, if I get her on your time too. Is she not callin me anymore? Tue, Dec 31 , 7:41 PM (1 /3) You are not welcome here until the time the order says you are to pick her up. We agreed on Wednesdays as the midweek. visit. Which don't even think (2/3) should be tomorrow cause its a holiday. . . but after school is 4 o' clock until 7 . You may get her EXHIBR •s•oo Verizon 3G 4:08 PM Messages Dave Contact (2/3) should be tomorrow cause its a holiday. ..but after school is 4 o ' clock until 7. You may get her then . And , bringing the cops and showing up here at noon (3/3) as u threatened will cause a scene and disturb katie. Please have the sense not to. Have a happy new year. Wed, Jan 1 , 11' :56 AM Are you going to let me have Katie at • 1 or • i 1 k Send 69 000 U,erizon 3 :08 PM I Q � Messages Dave Contact S j ,WVj , x Q New yrs is not split in half on the paperwork I have. I don 't know what a are looking at. oher till ► ► it ' s my day so I would bring her back No. It does not work like that. Go ahead and try --m&P- taxi-a-r—Li-f u-mij et all �''� '� S�C�� Send '00000 Verizon 3G 4:08 PM I a < Messages Dave Contact New yrs is not split in half on the paperwork I have. I don 't know what u are looking at. Yes you have her till noon it ' s my day so I would bring her back at 7 No. It does not work like that. Go ahead and try whatever u feel you must. See you at normal midweek visit time. This holiday is not split. Bye. i xt Message Send DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-856 CIVIL TERM RONNIE WALBORN, CIVIL ACTION — LAW Defendant IN CUSTODY J. Placey CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name &Address Means of Service Date of Service Jeanne Costopoulous, Esq. Regular, first-class mail February (P 2014 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 SAIDIS, SULLIVAN & ROGERS 1,11)AL Marylou"Nl tas, squire Attorney id. 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: (s?l f Counsel for Petitioner/Defendant Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 DAVID L. ROBERTSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-856 CIVIL ACTION LAW RONNIE WALBORN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 10,2014 , 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, March 14,2014 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ John J. Mangan,Jr., 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. M� Cumberland County Bar Association Co-w e.c PZ.14 32 South Bedford Street A ( ( Carlisle, Pennsylvania 17013 r" �' �p fit•( Telephone (717) 249-3166 r - -73 044`.1 /�• -<> - -<( µ --�_ WV/LIM CZ) 27. DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08 -856 CIVIL ACTION LAW? c. RONNIE M. WALBORN, IN CUSTODY rn Co xi Defendant E„ r r— Prior Judges: Kevin A. Hess, P.J. < c-_r Thomas A. Placey, J. F ORDER OF COURT - : A 11 AND NOW this day of April 2014, upon consideration of the attached Custody r m Conciliation Report, it is Ordered and Directed as follows: 1. Mother's petition for contempt is hereby held in abeyance until the scheduled conference with the assigned conciliator on Wednesday June 11, 2014 at 3:00 pm whereby it is anticipated to be withdrawn. 2. Absent written mutual agreement or further Order of Court, the Court Order dated June 24, 2013 shall remain in full force and effect with the following modifications: 3. Email Contact: In regard to paragraph 13 b., the custodial parent shall send the non - custodial parent an email one time during their custodial week in regard to Katie's extra - curricular events, emotional /mental /physical well being, educational issues, scheduling updates and /or developmental milestones. 4. Therapeutic Family Counseling: In regard to paragraph 16 b., the parents have agreed to, and shall, engage in therapeutic family counseling with the focus on co- parenting. It is understood that a counselor has already been contacted (Heidi Roeder with Franco and Associates) and sessions have been scheduled. Each parent shall continue to meaningfully participate in said counseling until recommended otherwise by the counselor. 5. Individual Counseling for Katie: In regard to paragraph 16 c., the parents have agreed to explore whether or not Katie may benefit from individual counseling. As such, Father is to provide a list of insurance covered professionals to Mother within two days and the parents shall mutually select and set an appointment with a qualified counselor within ten days of the instant Order. 6. A status conference with the assigned conciliator is hereby scheduled for Wednesday June 11, 2014 at 3:00 pm at the Cumberland County Court of Common Pleas. In the event said conference is not necessary, the parties shall contact the assigned conciliator to cancel and to recommend the withdrawal of the contempt petition. 7. 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. By Dis *bution: ylou Matas, Esq. avid Robertson, 2329 Ritner Highway, Carlisle, PA 17015 4hn J. Mangan, Esq. Thomas A. Place Common Pleas Judge DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 -856 CIVIL ACTION LAW IN CUSTODY Plaintiff v. RONNIE M. WALBORN, Defendant Prior Judges: Kevin A. Hess, P. J. Thomas A. Placey, J. 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 Katie Lee Robertson 10/05/06 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008, a status update conference was held May 12, 2008, an Order issued May 17, 2008 and a telephonic status update held on June 24, 2008, an Order was issued and a conciliation conference was held November 25, 2008, an Order issued December 8, 2008 and a conference was held March 09, 2009, an Order was issued March 24, 2009, a conciliation conference was held December 02, 2009, an. Order issued December 07, 2009, a stipulated Order issued June 11, 2010, a conference was held March 01, 2013, . an Order issued March 04, 2013, a trial was held, an Order issued June 24, 2013, Mother filed a petition for contempt and a conciliation conference was held March 14, 2014 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, Marylou Matas, Esq. The Father, David L. Robertson, self - represented party 3. The parties agreed to, and the undersigned recommends, the entry of an Order in the form as attached. l� 7/ f/ Date Jo J. angan, Esquire C sto y Conciliator DAVID L. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-856 CIVIL ACTION L RONNIE M. WALBORN, IN CUSTODY Defendant Prior Judges: Kevin A. Hess, P.J. Thomas A. Placey, J. ORDER OF COURT .11 AND NOW this C1_ day of July 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Mother's petition for contempt is hereby DISMISSED without prejudice. 2. Absent written mutual agreement or further Order of Court, the parents shall continue to share physical custody of Katie on a week on/week off basis with the exchanges on Sunday 6 pm. The parties shall continue to adhere to the prior Orders of Court dated June 24, 2013.and April 04, 2014 and these Orders shall remain in full force and effect with the following modifications: 3. Each parent shall inform the other in writing via text or email of the name, location and contact information for individuals that provide care taking responsibilities for Katie. 4. Each parent shall provide the other with information about Katie's well being and activities via text and email. In the event one parent requests information or makes a request for alterations to the custody schedule, the other parent shall respond to the request in a prompt fashion. 5. Therapeutic Family Counseling: The parents are encouraged, but not mandated, to continue with therapeutic family counseling with Heidi Roeder with Franco and Associates, or some other agreed upon professional. 6. Individual Counseling for Katie: Both parents have agreed to, and shall, continue to engage Katie in individual counseling, currently with Sara Tabey, and follow the recommendations. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. I _ • _ :: •• . nsent, the terns of this Order shall control. By the Co Distribution: c/lou Matas, Esq. avid Robertson, 2329 Ritner Highway, Carlisle, PA 17015 ,....-1755T1 J. Mangan, Esq. .,I' f %oma f DAVID L. ROBERTSON, Plaintiff v. RONNIE M. WALBORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-856 CIVIL ACTION LAW IN CUSTODY Prior Judges: Kevin A. Hess, P. J. Thomas A. Placey, J. 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: f Name Date of Birth Currently in the Custody of Katie Lee Robertson 10/05/06 Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 10, 2008, an Order was issued March 20, 2008, a status update conference was held May 12, 2008, an Order issued May 17, 2008 and a telephonic status update held on June 24, 2008, an Order was issued and a conciliation conference was held November 25, 2008, an Order issued December 8, 2008 and a conference was held March 09, 2009, an Order was issued March 24, 2009, a conciliation conference was held December 02, 2009, an Order issued December 07, 2009, a stipulated Order issued June 11, 2010, a conference was held March 01, 2013, an Order issued March 04, 2013, a trial was held, an Order issued June 24, 2013, Mother filed a petition for contempt, a conciliation conference was held March 14, 2014, an Order issued April 04, 2014 and a conference was held July 01, 2014 with the following individuals in attendance: The Mother, Ronnie Walborn, with her counsel, Marylou Matas, Esq. The Father, David L. Robertson, self -represented party 3. It appears that the parties are cooperating relatively well in regard to the current shared physical custody schedule. The parties agreed to, and the undersigned recommends, the entry of an Order in the form as attached. 7/Z/// Date John Cus an, squire nciliator