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HomeMy WebLinkAbout08-2070BRENT PATNO, Plaintiff vs. LISA M. OGOZALY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o p- -2o -7o Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Brent Patno, who currently resides at 214 Constitutional Court, Mechanicsburg, Cumberland County, Pa. 17050. 2. Defendant is Lisa M. Ogozaly, whose current address is also 214 Constitutional Court, Mechanicsburg, Cumberland County, Pa. 17050. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Xaria Amor Patno 5/15/07 214 Constitutional Court Mechanicsburg, Pa. 17055. Mother and Father are not married. The parties currently share physical custody of the child. During the past ten months, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Brent Patno 214 Constitutional Court birth - present Lisa M. Ogozaly Mechanicsburg, Pa. 17055 The mother of the child is Lisa M. Ogozaly. She currently resides in Mechanicsburg. Her physical address is 214 Constutitional Court, Mechanicsburg, Pa. 17055. She is not married. The father of the child is Brent Patno. He currently resides at 214 Constitutional Court, Mechanicsburg, Pa. 17055. He is not married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with mother and the child. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with father and the child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties are currently still living together but a separation is anticipated in the near future. Mother filed for child support and the hearing is scheduled for April 2007 Mother is in the National Guard and will be deployed in September 2008 Father is reguestmg a custody Order which will provide shared legal custody, ample periods of physical custody for the parties and address the arrangements after Mother is deployed. This request is the in the best interest of the child because it would provide stability for the child 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. child. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the Date: (-// I , g' Respectfully submitted, e Adams, Esquire YaW. I. No. 79465 S outh St. rlisle, , Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Brent Patno, laintiff 1 r c?> r-a ?e crs C? .c BRENT PATNO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA M. OGOZALY DEFENDANT 2008-2070 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 04, 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 Tuesday, April 29, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ 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 AO ,a --III' /lw? ?70*11 /* ?ri pwvvk I- i MAY 18 2000 BRENT PATNO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2070 CIVIL ACTION LAW LISA M. OGOZALY, IN CUSTODY Defendant ORDER OF COURT AND NOW this /:- day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: a. The Father, Brent Patno, and the Mother, Lisa Ogozaly, shall have shared legal custody of Xaria Amor Patno, born 05/15/2007. 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. b. During periods of time that Mother is fulfilling her military obligations out of this jurisdiction, the Father, Brent Patno, shall have primary legal custody of Xaria Amor Patno, born 05/15/2007. 2. Physical Custody: Mother and Father shall have shared physical custody of the Child as follows: a. Once the parties to this action have separate residences, the parties shall share physical custody pursuant to a repeating two week schedule whereby in week one, Mother shall have physical custody of the Child from Monday after day care until Wednesday whereby she shall drop the Child off at day care. On Wednesday, Father shall pick the Child up at day care and have physical custody until Friday whereby he shall drop the Child off at day care. Mother shall pick the Child up at day care on Friday and have physical custody of the Child until Monday morning dropping the Child off at day care. Then in week two, Father then shall have physical custody of the Child from Monday after day care until Wednesday whereby he shall drop the Child off at day care. On Wednesday, Mother shall pick the Child up at day care and have physical custody until Friday whereby she shall drop the Child off at day care. Father shall pick the Child up at day care on Friday and have physical custody of the Child until Monday morning dropping the Child off at day care. (A 2/2/3 schedule). This schedule shall continue to be repeated in subsequent weeks absent mutual agreement or further Order of Court. b. During periods of time that Mother is fulfilling her military obligations out of this jurisdiction, the Father, Brent Patno, shall have primary physical custody of Xaria Amor Patno, born 05/15/2007. The parties agree that the custodial parent shall provide reasonable access to the Child for the non-custodial parent as appropriate. 3. The parties shall continue to utilize Xaria's current day care provider absent mutual agreement otherwise. 4. Holidays: Father shall have physical custody of the Child on Father's Day from 9:00 am until 3:00 pm. The parties agree to alternate holidays by agreement and the parties shall address a more formal holiday schedule at the scheduled updated conciliation conference absent mutual agreement. 5. The non-custodial parent shall have reasonable liberal telephone contact with the Child as agreed. 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. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 10. A status update conciliation conference is hereby scheduled for July 11, 2008 at 10:00 am. By the Court, 17050 ,pistribution: Jane Adams, Esq. 'Lisa Ogozaly, 214 Constitutional Court, Mechanicsburg, PA Sohn J. Mangan, Esq. CoptiFs iri t ?£c?, s?2?1o8 BRENT PATNO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2070 CIVIL ACTION LAW LISA M. OGOZALY, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Xaria Amor Patno 05/15/2007 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May 16, 2008 with the following individuals in attendance: The Mother, Lisa M. Ogozaly, pro se The Father, Brent Patno, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J an, Esquire Cust dy Conciliator BRENT PATNO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 9,?r- 2070 Civil Term LISA M. OGOZALY, : ACTION IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Brent Patna, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Brent Patno, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above-captioned matter and currently lives at 608 Blue Bill Drive, Etters, Pennsylvania, 17319. 2. Lisa M. Ogozaly, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is active military stationed in Kuwait or Iraq. 3. The parties are the natural parents of one child, namely: Xaria Amor Patno, born 5/15/2007; 4. The parties are subject to an Order of Court dated May 17, 2008, which was a result of the parties' agreement. A copy of said Order and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. Mother was away during July 2008 and did not see the child. 6. From August through November 2008, Mother lived at Indiantown Gap and saw the child on the weekends. 7. In December 2008, Mother had one extended 6 day visit with the child. 8. In December 2008, Mother volunteered for a military assignment in Iraq 9. Mother has not seen the child since December 2008. ry AIRY 19 2008Y BRENT PATNO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2070 CIVIL ACTION LAW LISA M. OGOZALY, IN CUSTODY Defendant ORDER OF COURT AND NOW this 174k day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: a. The Father, Brent Patno, and the Mother, Lisa Ogozaly, shall have shared legal custody of Xaria Amor Patno, born 05/15/2007. 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. b. During periods of time that Mother is fulfilling her military obligations out of this jurisdiction, the Father, Brent Patno, shall have primary legal custody of Xaria Amor Patno, born 05/15/2007. 2. Physical Custody: Mother and Father shall have shared physical custody of the Child as follows: a. Once the parties to this action have separate residences, the parties shall share physical custody pursuant to a repeating two week schedule whereby in week one, Mother shall have physical custody of the Child from Monday after day care until Wednesday whereby she shall drop the Child off at day care. On Wednesday, Father shall pick the Child up at day care and have physical custody until Friday whereby he shall drop the Child off at day care. Mother shall pick the Child up at day care on Friday and have physical custody of the Child until Monday morning dropping the Child off at day care. Then in week two, Father then shall have physical custody of the Child from Monday after day care until Wednesday whereby he shall drop the Child off at day care. On Wednesday, Mother shall pick the Child up at day care and have physical custody until Friday whereby she shall drop the Child off at day care. Father shall pick the Child up at day care on Friday and have physical custody of the Child until Monday morning dropping the Child off at day care. (A 2/2/3 schedule). This schedule shall continue to be repeated in subsequent weeks absent mutual agreement or further Order of Court. b. During periods of time that Mother is fulfilling her military obligations out of this jurisdiction, the Father, Brent Patno, shall have primary physical custody of Xaria Amor Patno, born 05/15/2007. c. The parties agree that the custodial parent shall provide reasonable access to the Child for the non-custodial parent as appropriate. 3. The parties shall continue to utilize Xaria's current day care provider absent mutual agreement otherwise. 4. Holidays: Father shall have physical custody of the Child on Father's Day from 9:00 am until 3:00 pm. The parties agree to alternate holidays by agreement and the parties shall address a more formal holiday schedule at the scheduled updated conciliation conference absent mutual agreement. 5. The non-custodial parent shall have reasonable liberal telephone contact with the Child as agreed. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 10. A status update conciliation conference is hereby scheduled for July 11, 2008 at 10:00 am. uuil #3 1; ??y 1.W COWI . i9 113.Y1ii, 7 I?. ??? ???t??oo???d By the Court, Distribution: Jane Adams, Esq. Lisa Ogozaly, 214 Constitutional Court, Mechanicsburg, PA 17050 John J. Mangan, Esq. BRENT PATNO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2070 CIVIL ACTION LAW LISA M. OGOZALY, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Xaria Amor Patno Date of Birth 05/15/2007 Currently in the Custody of Mother and Father 2. A Conciliation Conference was held with regard to this matter on May 16, 2008 with the following individuals in attendance: The Mother, Lisa M. Ogozaly, pro se The Father, Brent Patno, with his counsel, Jane Adams, Esq. 3, The parties agreed to the entry of an Order in the form as attached. Date John an, Esquire Cust dy onciliator VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 01 rent Patno, Petitioner OF THE 2QO9 SEA' 17 Ah 10: 2--o' ?? ?,7 BRENT PATNO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2070 CIVIL ACTION LAW LISA M. OGOZALY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 30, 2009 at 2:30 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 FILLS L vr. 'OF 77qE 2009 SEP 23 PH 3 8 L P NOV 0 3 200y? (::I) BRENT PATNO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2070 CIVIL ACTION LAW LISA M. OGOZALY, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this - qoq day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All 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 /ate day of?? 2010 at 9 % 30 am/j?m in Courtroom number 4 in the Cumberland C my Coff of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. 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, Brent Patno, and the Mother, Lisa Ogozaly, shall have shared legal custody of Xaria Amor Patno, born 05/15/2007. 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 have shared physical custody of the Child as follows on a week on/week off basis: a. Commencing Wednesday November 11, 2009, Mother shall have physical custody of Xaria every other week starting Wednesday at noon until the following Wednesday at noon. Mother shall pick Xaria up from the designated daycare provider at 12:00 pm Wednesday and drop off Xaria at the designated daycare provider at 12:00 pm the following Wednesday. This schedule shall continue to be repeated in subsequent weeks absent mutual agreement or further Order of Court. b. The parties agree that the custodial parent shall provide reasonable access to the Child for the non-custodial parent as appropriate. 5. The parties shall continue to utilize Xaria's current day care provider during Father's custodial week absent mutual agreement otherwise. 6. Holidays: Absent mutual agreement otherwise or further Order of Court, the parties shall adhere to the holiday schedule as attached. 7. The non-custodial parent shall have reasonable liberal telephone contact with the Child as agreed. 8. Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling (co- parenting) with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. 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. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 11. 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. 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. Di tribution: , Ze Adams, Esq. isa Ogozaly, 996 Olive Street, Coatesville, PA 19320 hn J. Mangan, Esq. 0-T, t1as rn?iASCL By the Court, HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1St Half From 9 am until 3 pm lather Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father -Independence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2 Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father BRENT PATNO, Plaintiff V. LISA M. OGOZALY, Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2070 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Xaria Amor Patno 05/15/2007 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May 16, 2008, an Order was issued May 17, 2008 and a conciliation conference was held in regard to Father's petition to modify on 10/30/09 with the following individuals in attendance: The Mother, Lisa M. Ogozaly, pro se The Father, Brent Patno, with his counsel, Jane Adams, Esq. 3. Father's position on custody is as follows: Father desires primary physical custody of Xaria. Father indicates that despite the prior Order outlining shared physical custody, Mother saw the Child on weekends from August through December 2008. In December 2008, Mother was deployed to Iraq pursuant to military obligations and returned in September 2009. Father maintains that he has been the primary caregiver for Xaria for half of her life. Father indicates that he is not opposed to Mother having shared physical custody of Xaria sometime in the near future, but for right now, Father wishes to gradually increase Mother's time with Xaria until Mother and Child can re-establish their relationship. Father indicates that the Child really does not know her Mother and needs some time to adjust and re-acquaint herself with Mother. Father indicates that he currently has Xaria in day care for the hours that he is at work and that Xaria feels comfortable and is well adjusted with the current schedule. Father indicates that Xaria has had some behavioral issues since Mother has been back and visiting the Child. Father indicates that Mother currently lives about an hour and a half away and the distance makes shared custody difficult. Father maintains that he is better able to offer Xaria a stable environment. 4. Mother's position on custody is as follows: Mother desires a shared physical custody situation. Mother indicates that she is not very pleased that Father allegedly is using the fact that she was deployed for military obligations against her in the current custody litigation. Since returning from Iraq, Mother had planned on securing a residence in close proximity to Father and Xaria. However, Mother is currently encountering some medical issues and pursuant to her doctor's recommendations, Mother temporarily is living with her mother in Coatesville, PA until her medical issues can be sorted out. Mother is not currently working and indicates that she is able to care for Xaria. Mother indicates that she does feel that Xaria should be in day care Monday through Friday when she is able to watch Xaria. Also, Mother has another daughter, Trinity, who is four years old. The father of Trinity lives in this jurisdiction and Mother shares physical custody of Trinity on a week on/ week off basis. Mother indicates that if she had shared physical custody of Xaria, she would be able to transport both Xaria and Trinity at the same time. Mother is offering to provide the transportation both to pick up and drop off the children. Mother indicates that spending a week with Xaria will rapidly rebuild their relationship and Mother indicates that Xaria does know her as being her mother. Mother indicates that she is equally able to care for Xaria as Father can. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. -5/" ?,- ? t7` Date 111, Jo angan, Esquire Gru ody Conciliator FILED-"-?. i IE P""NICTARY HE -T 2009 NOY -S AM 11: 1 G r..! :31°LV% NIA