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HomeMy WebLinkAbout01-6903~o ~~~1 VS. ~~ ~r~ ~~ So(~ IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYL ANIA CIVIL ACTION IN CUSTODY NO. ~~-Gcq~ NOTICE TO DEFEND TO THE RESFONDENTS NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims ; following pages, you must take action within twenty (20) days after this Petition and N entering a written appearance personally or by attorney and filing in writing with the C~ or objections to the claims set forth against you. You are warned that if you fail to do s proceed without you, and a judgment maybe entered against you by the Court without any money claimed in the Petition or for any other claim or relief requested by the Plan lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE' BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717)249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demanda paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y en forma escrita sus defensas o sus objectones a las demandas en contra de su persona. usted no se defiende, las corte tomara medidas y puede entrar una Orden contra usted notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. L dinero o sus propiedades o otros derechos importantes para usted. -th in the are served, by your defenses case may ~r notice for You may HAVE A :puestas en las demanda y la ivar en la corte avisado que si previo aviso 0 3 puede perder S~ ~i~n VS. ~~ i d r~ D ~ S O'Y~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL ANIA CIVIL ACTION IN CUSTODY NO. d~`~~~3 COMPLAINT IN CUSTODY The plaintiff is _~p Q~L ,residing at ~~ ~cz~rne~ 2. The defendant is Q~c}n U~c~rl ,residing at `© `l~ln 3. Plaintiff seek (custody), artial custody), (visitation) of the following child(ren) nNAME PRESENT ADDRESS 1~Q~r~n ~~Sor~ 33 P~~~ ~2. ~ ~-ll The child(ren) (was was no born out of wedlock. ~T-heyc~hild(ren) is presently in the custody of /~~ ~~ ~~~ who re J ~C. ~, v.~ 4L~ ~{~~ ~.c~ L..~.r..~o X11 ~1 During the past five years, the child(ren) has resided with the following persons addresses: LIST OF PERSONS ~o ~~ f?,cl~a n d~~1 1~, ,~. ~,S,~~c-- ADDRESSES ~3 ('~~ ~.~. (~~, C~~ 11~ ~- sides at following DATES ~-f ~~ The mothner of the child(ren) is /d~ t, ~5a n .currently She is (single arced vorced). The father of the child(ren) is ~P.~r~ n d~a /~ .currently He is (sing marrie (divorced). 4. The relationship of the Plaintiff to the child(ren) is:~(Zf~~^~-C.- .The at at~ currently resides with NAME ~D ~~5~ RELATIONSHIP ~~~5.~ 5. The relationship of the Defendant to the child(ren) is: ~ .The Defendant currently resides with NA~(ME RELATIONSHIP 6. Plaintiff (has has not) p icipated as a party or witness, or in another capacity, i other litigation concerning the custody of this minor child(ren) in this or another court. (if so)T e court, term and number, and its relationship to this action is: iC.3~R- -'„~ Plaintiff (has has no) 'formation of a custody proceeding pending in a court of this Commonwealth. (if so)The court, term and number to this action is: ~'~ the child(ren) ~ its relationship Plaintiff (knows) oes not know) o a person not a party to the pr physical custody of the child or claims to have custody or visitation rights with 7 The name and address of such a person is: The, best interest and permanent welfare of the child will be served by granting the o~ 0 on kl~ rn°"`~ti~t N,~® `~~" ~~, ,,~~w~~ G~.Q ?l'~~ trW fJ~ lJ~ `l,'J~ CI~~V~'J~^ 1+'1) ~ c(i ~^ S SQi w "' _ l~.s 1 ~-- ZS 0.1~~ (~ ~ '1.~Q~'b ~f 8. Each parent whose parental rights to the child have not been terminated and the physical custody of the child have been named as parties to this action. All other who has to the child. requested ~. ~'p ~n~C..tc.. :.~ ~ ~`S~g~CrC. named below, who are known to have or claim a right to custody or visitation of the chi d will be given notice of the pendency of this action and the right to intervene: NAME ADDRESS BASIS CLAIM WHEREFORE, Plaintiff requests this court to grant (custody)(temporary custody)( child(ren) to the Plaintiff. Respectfully submitted, p` C~stSY~ Date of the --~ 1/--~ ~~ n ~ ti.: m ~~, ~?; cn ,z -< <-- r ~-, ~ ~- ~ ~;; C_- Z 0 f..i~ ;~ m a=. J ', ~~ ~i == -,rr~ } `Y -,c_; _;i r'S ~'; `7 -G JO OLSON IN THE COURT OF COMMON PLEAS OF PLAINT'IF'F CUMBERLAND COUNTY, PENNSYLVANIA V' 01-6903 CIVIL ACTION LAW BRIAN OLSON IN CUSTODY DEFENDANT AND NOW, Friday December 14 2001. _, upon consideratiomoFthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue Suite 105 Camp Hill, PA 17011 on Thursday January 03, 2002 at 11:00 AM For aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Al] children age Five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ~ . . 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 mustattend 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 Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i--_L;._ ~ I~.<_ ~' ~ 'C)1?'t°Y ~;f C?-C IG ~°~l 9~ t~? r, „ l.uPaL ~ :,:~ (1GUNiY PEi`JNYLVr";NIA ~~.~~~lo~ - e~ . ~~y ,m~~~(~.~ ~c-~-~ .10 01~.~ eo,~Y ~b~~-~ ~~~,, ~y FEB 1 9 2002 JO OLSON, vs. BRIAN OLSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COU T AND NOW, this day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custodv. The parties, Jo Olson and Brian Olson, shall have shared legal custody of the minor Child, Brian Olson, II. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv. Mother shall have primary physical custody subject to Father's rights of partial physical custody which shall be arranged as follows: A. Effective February 4, 2002, each Monday from 4:30 p.m. until Tuesday at 9:30 a.m. B. Effective February 2, 2002, each Saturday from Noon until Sunday at 8:00 p.m. 3. IHo idavs. A. ri .The Christmas holiday custodial period shall be defined to be from December 24th at 3:00 p.m. until December 25th at 3:00 p.m. In even-numbered years Father shall have custody and in odd-numbered years Mother shall have custody. Additionally, in odd-numbered years Father shall have custody from December 25th at 3:00 p.m. until December 26th at 9:00 a.m. >- w .X uJ ;__. - i\7 ;}° ~ N t~ ~ C: y L l ~ cO '-' o v No. 01-6903 -- Civil Term B. Memorial Day and Labor Day. Memorial Day and Labor Day shall be observed with the parent who had custody the weekend preceding the holiday. C. Easter. The parent who has custody on Easter weekend shall retain custody until 3:00 p.m. Easter Sunday. The non-custodial parent shall have custody for the period of Easter Sunday at 3:00 p.m. until 9:00 a.m. Easter Monday. D. New Year's Eve. fn even-numbered years, Father shall have New Year's Eve at 3:00 p.m, until New Year's Day at 3:00 p.m. E. Thanksgiving. Father shall have custody for the Thanksgiving holiday each year from the Wednesday before Thanksgiving at 3:00 p.m. until Thanksgiving Day at 3:00 p.m. BY THE COURT, J. Dist: Jo Olson, 33 Palmer Drive, Camp Hill, PA 17011 [,.~~~ Brian Olson, 110 Juniper Drive, Mechanicsburg, PA 17055 /~~' d- ~ ~ o s JO OLSON, vs. BRIAN OLSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY R PORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-13, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATEDATE OF~TH CUR~TL.Y IN CUSTODY OF_ Brian Olson, II Age 5 Mother 2. A Custody Conciliation Conference was held on January 29, 2002, with the following individuals in attendance: the Mother, Jo Olson, pro se; and the Father, Brian Olson, pro se. 3. The parties reached an agreement in the form of an Order as attached. i~~~ Date custody Conciliator KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717)761-7573 sbkope(cilcomcast.vet JO RUCH vs. Plaintiff, BRIAN OLSON Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. The Plaintiff is Jo Ruch, residing at 404 Gale Street, Mechanicsburg, Pennsylvania. 2. The Defendant is Brian Olson residing at 116 West Roosevelt Street, Middletown, Pennsylvania. 3. A Custody Order was entered by this Honorable Court on February 22, 2002, wherein the parties share equally physical and legal custody of the child. 4. Plaintiff seeks to modify the current Custody Order according to the attached Custody Stipulation so that the Plaintiff has primary physical custody of the following child: NAME Brian Olson, Jr PRESENT RESIDENCE D.O.B. AGE 404 Gale Street, Mechanicsburg,9/10/96 9 1/2 Pennsylvania. 5. Brian Olson, Jr. was born in wedlock. 6. The child is presently residing with the Plaintiff. 7. During the past 7 years, the child has resided with the following persons and at the following addresses: 8. 9 10. 11 PERSONS Jo Ruch Kevin Ruch Andrew Ruch Emily Ruch Rikki Fasick Jo Ruch Rikki Fasick Jo Ruch Brian Olson Rikki Fasick ADDRESSES DATES 404 Gale Street, Mechanicsburg June 2003 -Present Pennsylvania 33 Palmer Drive, Camp Hill Pennsylvania June 2001-June 2003 33 Palmer Drive, Camp Hill Pennsylvania Birth -June 2001 The mother of the child is Jo Ruch, currently residing at 404 Gale Street, Mechanicsburg, Pennsylvania. She is married. The father of the child is Brian Olson, currently residing at 116 West Roosevelt Street, Middletown, Pennsylvania. He is not married. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Kevin Ruch Husband Brian Olson Child Andrew Ruch Child Emily Ruch Child Rikki Fasick Child The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Joni Dietrich Fiance 12. Plaintiff has participated as a party in previous litigation concerning the custody of the child 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The child has a more stable home and emotionally consistent environment while living with Plaintiff, while the Defendant is transient, sometimes living as little as 2 weeks at a particular location and with varying individuals. (b) Defendant has a history of alcohol abuse and is often being arrested for criminal acts committed in front of the children. (c) Plaintiff has undertaken and performed the primary parental responsibilities for the children. (d) The Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. (e) The child wants to live with the Plaintfff. 15. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Court modify the current Custody Order so that primary physical custody is with the Mother and visitation with the Father as agreed upon by the parties in the attached Stipulation. Respectfully Submitted, 3 n - S Date: / , U~ SHANE B.KOP ,ESQ. KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Gamp Hill, PA 17011 (717)761-7573 sbkooe a(~.comcast.net JO RUCH Plaintiff, vs. BRIAN OLSON Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW IN CUSTODY STIPULATION AND NOW, this 15th day of February 2006, it is STIPULATED and AGREED by and between the parties, Jo Ruch ("Mother") and Brian Olson ("Father"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Brian Olson, II (DOB: 9/10/1996) shalt be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother will have primary legal custody of Brian Olson ("Child"). The parties agree that major decisions concerning their Child, including, but not limited to, the Child's health, welfare, education, religious training and upbringing shall be made by the Mother. Father agrees not to impair Mother's rights to primary legal custody of the Child. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the Mother. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Primary Physical Custody: Primary physical custody of Child shall be with Mother. 3. Partial Physical Custody: Father shall have visitation of Child in accordance with the following schedule: a. Every other weekend from Saturday starting at 12:00 p.m. to Sunday at 6:00 p.m. starting January 1, 2006. b. The week following Father's weekend, visitation will be on Thursday from 4:00 p.m. to 8:00 p.m. during the school year and Thursday 4:00 p.m. to 9:00 p.m. when school is not in session. c. Ten days throughout summer with the stipulation that only up to four of those days can be used consecutively for vacation. The remaining six days will be used non-consecutively. d. Visitation will be allowed under the following conditions: 2 i. Father agrees to abstain from the use of alcoholic beverages and narcotics during the Child's visits. ii. Father will under no circumstances be allowed to drive the Child on his motorcycle during his visitation periods. 4. The parent with physical custody 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. 5. The parents shall organize ways for their Child to maintain his friendships, extracurricular activities, and other special interests, regardless of which household he may be in. 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive as well as daily contact via a-mail with the Child when in the custody of the other parent. 3 8. Applicable Laws: Any provision in this Agreement regarding Child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 9. UCCJA and PKPA: Should it become necessary for Mother/Father to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Mother's option, in accordance with the provisions of Pennsylvania's Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. §§ 5341-5366 ("UCCJA") and the Federal Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA and she will not oppose an application being brought pursuant to UCCJA and PKPA. 10. Modification: The provision of this Paragraph shall be modified according to applicable law. LAW OFFICE OF SHANE B. KOPE Jo Ruch 4660 Trindle Road, Suite 201 404 Gale Street Camp Hill, PA 17102 Mechanicsburg, PA 17050 T 3 ___ ilU Shane B. Kope, squire aintiff 5,~35~,¢,aco ~S~N A aintiff COMMONWEALTH OF N'YLY C ri'>Le ~+ r_ Notarial Seal 3 Z / U 4~ Daniel J. Albert, Notary Public ~ 4 ~ 1 y ~-: ~>,1~ Washington iWp., York °t•~1 Q eL~CrL ~My Comm(selon Expires Mac 28, Momhec Penaryly=nia ASxncletlon of Notaries Sworn to or affirmed and acknowledged before me by on ~-t~l- „2.Sf , 2006 Notary MMONWE 7 SYL NctHnali9eal Rebecca Fieya, Notary Public RoyeRon 8oro Osuphin Cou My Commission ~i~ Jen_ 9, 2pp9 MemM~r. P~~nevtwnltf As?ncieNon o} Nehrlet Brian Olson 116 West Roosevelt Street Middletown, PA 17057 ~~~~ .~-- Defendant j~j ~ n ., ~ <-, C) '.7 h _. i _~ ~ T -.i ~5 _~ ~-- _; (~`~., ~.. CIS („~ c'.> KOPE 8~ ASSOCIATES BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717)761-7573 sbkope(a~comcast.net Attorney for Plaintiff JO RUCH vs. Plaintiff, BRIAN OLSON Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this ~~ day of • ~ ~ 2006, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. 4~ ~;~ C~ BY THE COURT: ,, ,ti_;. „' -. '.J ct3 .~.. z:,, ~~ '1 -i;.~ _ ~~~, FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 IN THE COURT OF CONIlVION PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA JO RUCH, v. BRIAN OLSON, Attorney for Defendant NO.01-6903 CIVIL ACTION -LAW Defendant :CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Petition for Contempt/Modification of Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on 2006, at o'clock, ,for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. The Court of Common Pleas of Cumberland County is required b y law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle PA 17013 717-249-3166 FOR THE COURT: Date: Custody Conference Officer JO RUCH, v. BRIAN OLSON, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO.01-6903 CIVIL ACTION -LAW Defendant :CUSTODY PETITION FOR CONTEMPT AND FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Brian Olson, Defendant in the above-captioned action, and Father of the minor child, with a current address of 116 West Roosevelt St., Middletown PA 17057. 2. The Respondent is Jo Ruch, Plaintiff in the above-captioned action, and Mother of the minor child, with a current address of 404 Gale St., Mechanicsburg PA 17055. COUNT I -MODIFICATION 3. Paragraphs 1 and 2 are incorporated herein by reference. 4. Petitioner is the natural father of the minor child. He is engaged to be married on October 7, 2006, and resides with his fiancee, Joni Dietrich, and her two minor children, Jared Dietrich, age 12, and Trevor Dietrich, age 9. 5. Respondent is the natural mother of the minor child. She is married and resides with Kevin Ruch, her husband, Andrew and Emily Ruch, her husband's minor children, and Rikki Fasick, Respondent's minor child. 6. The current Order dated March 31, 2006, and entered by the Honorable J. Wesley Oler, Jr., Judge, is attached. The Order incorporated the terms of a Stipulation entered into between Petitioner and Respondent providing for primary physical and legal custody of the child with Respondent, and providing that Petitioner have periods of partial physical custody of the child for purposes of visitation every other weekend from 12:00 p.m. Saturday unti16:00 p.m. Sunday, Thursday evenings following Petitioner's weekend visits, and ten days throughout the summer, with no more than four days to be consecutive. Said Stipulation and Order did not provide for any holiday visitation. Said Stipulation and Order also provided for reasonable telephone contact with the child as well as daily contact through email. 7. Petitioner seeks modification of the existing Court Order to allow for expanded periods of physical custody for purposes of visitation for the following reasons: a. Petitioner loves his child and wishes to spend additional time with him. b. The minor child has a strong and loving relationship with the Petitioner and with Petitioner's fiancee and her two minor children, one of whom is the same age as the child, and one of whom is three years older than the minor child. c. The Order as it is presently written does not allow for Petitioner to spend holidays or portions of holidays with his child. d. The Order as it is presently written allows for only four consecutive days of visitation at any given time in the summer, which is not sufficient for Petitioner to include the minor child in a family vacation. e. Expanded periods of partial physical custody with Petitioner will allow the minor child to develop deeper bonds and feel himself more a part of the family in which Petitioner lives. f. The sharing of legal custody of the minor child will enable Petitioner to enjoy an expanded role in decision making as it pertains to the minor child. WHEREFORE, Petitioner respectfully requests this Honorable Court issue an Order allowing for shared legal custody and an expanded schedule of partial physical custody. COUNT II -CONTEMPT 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. Subsequent to the entry of the above-referenced Order, Petitioner committed a violation of conditions of his pre-existing probation, which probation was not related to the instant custody matter, as a result of which Petitioner was incarcerated from April 12, 2006 through May 22, 2006. 10. From and after the time of Petitioner's release from incarceration, Respondent has been in contempt of the Order of March 31, 2006 by refusing to allow Petitioner any contact with the minor child, either in person or by telephone, and has denied Petitioner his Court-ordered periods of partial physical custody. 11. The Petitioner/father has incurred legal expenses in the preparation and litigation of this instant contempt action, which legal expenses were incurred solely due to the contemptuous actions on the part of Respondent/mother, in an amount to be determined at hearing. WHEREFORE, the Petitioner respectfully requests this Honorable Court to find the Respondentlmother in contempt, and further award Petitioner/father legal fees incurred in this action. Respectfully submitted, & DING, P.C. Date: -I- ~ I 0 6Q'0 N. Second Street` enthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 VERIFICATION I, Brian Olson, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Contempt and for Modification of a Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~. Brian Olson Dated: ~ 3 ~ 6 f ~xh~b~t A COPY ~y KOPE ~ ASSOCIATES BY: SHANE B. KOPE~, ESQUIRE ATTORNEY LD: 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(cr~.comcast. net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND-000NTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW IN CUSTODY J`O RUCH Pla~nt~ff, vs. BRIAN OLSON Defendant. ORDER AND NOW, this ,~ day of 2006, the attached Sti ulation p signed by the above captioned parties is approved and entered as an Order of the ' Court. ls~ ~I~~~ ~~~Y ~~~~ ~~rj~~~ 111 ~$i;*Si'`t1~3>t;~ ~j}9..91 :j~r_~ ~rr6 Ut^~ car F^'J t?2Pt~ T ...ti.J,..l... ~~ s~~c...,... rathnnot ry BY THE COURT: KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Plaintiff JO RUCH ~ : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 01-6903 BRIAN OLSON : CIVIL ACTION -LAW Defendant. IN CUSTODY STIPULATION AND NOW, this 15th-day of. February 2006, it is STIPULATED and AGREED by and between the parties, Jo Ruch ("Mother") and Brian 01son ("Father"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Brian Olson, I1 (DOB: 9/10/1996) shall be entered as fol)ows: 1. Legg! Custody: It is the intention of the parties and the parties agree that Mother will have primary legal custody of Brian Olson ("Child"). The parties agree that major decisions concerning their Child, .including, but not limited to, the Child's health, welfare, education, religious training and upbringing shall be made by the Mother. Father agrees not to impair Mother's rights to primary legal custody of the Child. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall 1 be the responsibility of the Mother. With regard to any emergency decisions which must be made, the party having .physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform. the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Primary Physical Custody: Primary physical custody of Child shall be with Mother. 3. Partial Physical Custody: Father shall have visitation of Child in accordance with the following schedule: a. Every other weekend from Saturday starting at 12:00 p.m. to Sunday at 6:00 p.m. starting January 1, 2006. b. The week following Father's weekend, visitation will be on Thursday from 4:00 p.m. to 8:00 p.m. during the school year and Thursday 4:00 p.m. to 9:00 p.m. when school is not in session. c. Ten days throughout summer with the stipulation that only up to four of those days can be used consecutively for vacation. The remaining six days will be used non-consecutively. d. Visitation will be allowed under the following conditions: 2 i. Father agrees to abstain from the use of alcoholic beverages and narcotics during the Child's visits. ii. Father will under no circumstances be allowed to drive the Child on his motorcycle during his visitation periods. 4. The .parent with. physical. custody 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. 5. The parents shall organize ways for their Child to maintain fiis friendships, extracurricular activities, and other special interests, regardless of which household he may be in. 6. During any period of custody or visitation the. parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages, nor smoke cigarettes inside the. residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. . 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive as well as daily contact via a-mail with the Child when in the custody of the other parent. 3 8. Applicable Laws:' Any provision in this Agreement regarding Child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 9. UCCJA and PKPA: Should it become necessary for Mother/Father to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County" of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be~, at Mother's option, in accordance with the provisions of Pennsylvania's Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. §§ 5341-5366 ("UCCJA") and the Federal Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA and she will not oppose an application being brought pursuant to UCCJA and PKPA. 10. Modification: The .provision of this Paragraph shall be modified according to applicable law. v~ Shane B. Kope, squire aintiff S/f's~k~a~ ~-sue,,, A aintiff coMIatoriwEnt.~t of P~vx nv ~r~~GC .~,.~ LAW OFFICE OF SHANE B. KOPE Jo Ruch 4660 Trindle Road, Suite 201 404 Gale Street Camp Hill, PA 17102 Mechanicsburg, PA 17050 T 3 s~ Z/v~ Wa~shtntgto ~•~ Pubec ~G'h'~N ~G~."~~G.oc./__ ~~~ ~My Commissbn Ezplres Mar. 28~ Member, Pennsylvania Aasoclatlon of (Votaries I ~ r. Sworn to or affirmed and acknowledged .before me by BR N OLSON on ~ ~..~Ss~ .2006 Notary P?51ic N ' I Notarial Rbbecca i~eaa, Notary Public RoyaMon 8o Dauphin ~ MY ComrMsalon~inas Jan. tG ,2008 MwnDer, Pa. +nsvl~~aMa Asaoolatlon of Noqula Brian Olson 116 West Roosevelt Street Middletown, PA 17057 ~~e,-,rte-.G~---(( / Defendant 5 ~-l ~ ~ ~ c ~T. ,~ :,._ ~,~ ~ - -~ ~ ~ ~ ~ , -- .. `/ _ ~. ..Jl it ~a _l L~.] "1.7 (+-, j '< ~~ • .-.1 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoae(a~comcast. net JO RUCH Plaintiff, vs. BRIAN OLSON Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Plaintiff, Jo Ruch, in connection with the above-captioned custody action. Respectfully Submitted, KOPE ~ AS,SAC~4TES e~ ten- Shane B. Kbpe, Esquire ID# 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 Date: y KOPE Sr ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)_comcast.net Attorney for Plaintiff JO RUCH Plaintiff, vs. BRIAN OLSON Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 8th day of June, 2006, I served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: John F. King, Esquire Friedman & King, PC 600 N. Second Street, 5th Floor P.O. Box 984 Harrisburg, PA 17108 KOPE ~ TES, LLC By: /" Shane B. Kope, Esq. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) r .:~~ _ _:_ ayw ; ~ j-~. ~ , (~ .. _ i~-~ .-} :,~ -. .~..,J KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoaeCo)comcast.net JO RUCH vs. Plaintiff, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 BRIAN OLSON Defendant. CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Jo Ruch, by and through her counsel, Shane B. Kope, Esquire, and hereby files the instant Petition for Modification of Custody Order and Stipulation, and in support thereof, states: 1. The Petitioner is Jo Ruch, residing at 404 Gale Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is Brian Olson residing at 116 West Roosevelt Street, Middletown, Dauphin County, Pennsylvania. 3. This petition of Jo Ruch respectfully represents that on March 31, 2006, an Order of Court was entered approving the Stipulation signed by the above captioned parties, a true and correct copy of which is attached as Exhibit "A". 4. Respondent, Brian Olson, filed a Petition for Contempt and for Modification of Custody Order on or about May 31, 2006. 5. Petitioner, Jo Ruch, respectfully requests that the Order be modified to give her sole custody rights to the child.. 6. This Order should be modified because: (a) The Respondent, Brian Olson, has a documented history of drug and alcohol abuse which continues to the present day, which conduct poses a substantial threat of present or future physical or emotional harm to the child involved. (b) The Respondent, Brian Olson, has violated the entered Stipulation by using alcohol and narcotics during his visitation periods with the child, which poses a substantial threat of present or future physical or emotional harm to the child involved. (c) The Respondent, Brian Olson, has been arrested and incarcerated for drug use and possession since the Stipulation was entered into the record and arrested and incarcerated for a parole violation due to the consumption of alcohol (d) The Respondent, Brian Olson, has not and cannot provide an adequate home environment for the child involved, which poses a substantial threat of present or future physical or emotional harm to the child. 7. In the interest of judicial economy the Petitioner respectfully requests that at the Hearing for Contempt the issues of Custody be presented. WHEREFORE, Petitioner requests that the Court modify the existing Order and grant the following relief: (a) Modify the March 31, 2006 Custody Order to give Petitioner sole custody rights of the child. (b) Schedule the Custody Hearing and the Contempt Hearing for the same time in the interest of judicial economy. Respectfully Submitted, KOPE & ASSOCIATES, LLC _ ~~_ By: S e B. Kope, squire Dated: ~~ ~ ~ ~,--~ VERIFICATION I, Jo Ruch, the Petitioner in this matter, have read the foregoing Petition for Modification of Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: _ ~ ` ~ y r ~pOCo ~~~~ o uch '//~9AA~ ~ Vt O +. O d t-=' ~~ r;~ (~) f_ ` ~ -~ ...~ -~-~ W ~ r -{ T c ~ ~ ' - :, __ . JO RUCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN OLSON DF•,FF,NDANT 01-6903 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 24, 2006 ,upon consideration of the attached Complain[, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 18, 2006 at 4;30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT. By: /s/ Hubert X. Gilroy, Est fir( 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 bet'ore 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 ~~, . ~ , p ~ . ,~..~.,.,,, ~ - t"J ~0-~'9 ~,-o~~ ~- v~ ~ ~~ +,t?~" }1~, ~ ~. ~ 'F1 JO RUCH, Plaintiff vs. BRIAN OLSON, Defendant ~ui_ i 2uu6 BY: _ IN THE COURT OF COM ~~ F CUMBERLAND COUNTY, NNSYLVANIA NO.OI-6903 CIVIL ACTION -LAW IN CUSTODY COURT ORDER AND NOW, this ~~ day of July, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court in this matter dated March 31, 2006 is temporarily vacated. 2. Custody at this point shall be handled as follows: A. The Mother, Jo Ruch, shall enjoy primary physical custody of the minor child, Brian D. Olson, II, born September 10,1996. B. The Father, Brian Olson, shall enjoy periods of temporary physical custody as follows: 1) On at least one session per week to be arranged by the Father when the Father of the minor child shall have a supervised visitation session at the office of Guidance Associates or a similar counseling agency. Costs of these services will be paid for by the Father. Father shall make arrangements and shall notify the Mother with respect to when these sessions are scheduled. Mother shall ensure that the minor child is in attendance as required. 2) At such other times as agreed upon by the parties. 3. Legal counsel for the parties shall conduct another conciliation conference via telephone conference call with the Conciliator on Friday, August 25, 2006 at 8:00 a.m. At this conference, the Father's status with respect to incarceration shall be addressed and the issue of what additional contact, if any, the Father would have with the minor child will also be addressed at that point. ti ,.:. E, ~ ~~' y"I!1~ j, ; ~' ~ ~ ~..~ ~~ n~ ~ 4. Both parties preserve the claims they have filed in their Petitions and those claims may be asserted at a hearing in the event the parties ultimately need to litigate this case at a hearing in Court. Cc: ~hane B. Kope, Esquire a ~ohn F. King, Esquire J ~~ ~~ -~ BY THE COURT, JO RUCH, Plaintiff vs. BRIAN OLSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-6903 CIVIL ACTION -LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(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: Brian D. Olson, II, born September 10,1996 2. A Conciliation Conference was held on July 14, 2006 with the following individuals in attendance: The Mother, Jo Ruch, with her counsel, Shane B. Kope, Esi~uire The Father, Brian Olson, with his counsel, John F. King, Esqune 3. The Mother has filed a petition to modify the existing Custody fled a petition to modify the existing Order and to hold M~ violation of the existing Order. There are a number of issues tl out. Primarily, Father is currently incarcerated but in the wa Dauphin County. He has another Court date scheduled in earh has concerns relative to Father having custody with the child wl light of circumstances that brought Father to be in jail. The Con to the parties a supervised visitation arrangement pending cla status relative to incarceration which, hopefully, will be resolved 4. The Conciliator recommends an Order in the form as attached. Date: July (~ , 2006 rider. Father has also Cher in contempt for 'at need to be worked k release program in August. The Mother ile he is in jail and in :iliator recommended 6cation of Father's early August. ~iubert X~droy, Esquire Custody onciliator JO RUCH, vs. Plaintiff/Respondent BRIAN OLSON, Defendant/Petitioner 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O l -6903 CIVIL ACTION -LAW CUSTODY PETITION FOR CONTEMPT FOR FAILURE TO COMPLY WITH ORDER OF COURT AND PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Defendant/Petitioner, BRIAN OLSON, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Defendant/Petitioner is BRIAN OLSON (hereinafter referred to as "Father"), who resides at 116 West Roosevelt Avenue, Middletown, Dauphin County, Pennsylvania. 2. Plaintiff/Respondent is JO RUCH (hereinafter referred to as "Mother" ), who resides at 404 Gale Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Mother and Father are divorced and are the parents of one child, BRIAN D. OLSON, II, born September 10, 1996. 4. Pursuant to a Stipulation of the parties dated February 15, 2006, an Order of Court was issued on March 31, 2006 in the Court of Common Pleas of Cumberland County awarding primary physical and legal custody of said child to Mother, subject to Father' s rights of partial physical custody. (See copy of Order and Stipulation, marked Exhibit "A",attached hereto and made part hereof.) 5. On or about June 15, 2006, Plaintiff filed a Petition for Modification of Custody Order, a result of which a conciliation conference was scheduled on July 14, 2006 before Hubert X. Gilroy, Jr. 6. On July 20, 2006, a Court Order was issued by The Honorable J. Wesley Oler, Jr. awarding primary physical custody of said child to Mother, subject to Father' s rights of supervised visitation. (See copy of Order marked Exhibit "B",attached hereto and made part hereof). 7. Respondent has breached said July 20, 2006 Order of Court as follows: (a) Failure to cooperate in arranging Father' s periods of temporary physical custody as directed in paragraph 2B of said Order. Said provision states that "Mother shall ensure that the minor child is in attendance as required" ,but she has failed to do so. (b) Failure to provide any access to the minor child by Father, or any form of communications. 8. Respondent' s actions as detailed herein are contemptuous and in willful disregard of the aforesaid Order of Court. 9. The best interests and welfare of the minor child would be served by establish a reasonable schedule of partial custody, on a gradual, "phased in" basis. 10. The minor child has resided at 404 Gale Street, Mechanicsburg, Cumberland County, Pennsylvania for the past five (5) years. 11. Defendant does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other state, other than the heretofore referenced proceedings entered to the within term and number. 12. Defendant has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the hereto referenced action. 13. Defendant does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to him. WHEREFORE, Petitioner respectfully prays your Honorable Court to hold Respondent, Jo Ruch, in contempt for violation of the Order dated July 20, 2006, to expand Petitioner' s rights of partial physical custody, and to issue appropriate punishment to guarantee future compliance with Orders of Court, including awarding attorney fees and costs to Petitioner. Respectfully submitted, Date: March Z~ , 2007 ~f MAX J. SMITH, J ,Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 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. Section 4904, relating to unsworn falsification to authorities. ~.~=~ Ex~ib;f ~l COPI`' KOPE ~ ASSOCIATES BY; SHANE B. KOPE, ESQUIRE ATTORNEY I.D: 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 f (717) 761-7573 sbko a icomcast.net J0 RUCH alaintiff, vs. BRIAN OLSON Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION- -LAW IN CUSTODY ORDER AND NOW, this ~ day of 2006, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. /-sl ~"~Sw. P'Y `~~ ~~"C~O~C IA 1'~~s~r~~i~y ~~~ j~ ~<,~, _! ~~:~'~. tsr~`~~r r;?v hand BY THE COURT: THE LAW OFFICES OF SHANE B. KOPE BY: SHANE 6. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope _comcast.net JO RUCH Plaintiff, vs. BRIAN OLSON Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6903 CIVIL ACTION -LAW IN CUSTODY STIPULATION AND NOW, this 15th day of February 2006, it is STIPULATED and AGREED by and between the parties, Jo Ruch ("Mother") and Brian Olson ("Father"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Brian Olson, II (DOB: 9/10/1996) shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother will have primary legal custody of Brian Olson ("Child"). The parties agree that major decisions concerning their Child, including, but not limited to, the Child's health, -° welfare, education, religious training and upbringing shall be made by the Mother. Father agrees not.to impair Mother's rights to primary legal custody of the Child. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the Mother. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Primary Physical Custody: Primary physical custody of Child shall be with Mother. 3. Partial Physical Custody: Father shall have visitation of Child in accordance with the following schedule: a. Every other weekend from Saturday starting at 12:00 p.m. to Sunday at 6:00 p.m. starting January 1, 2006. b. The week following Father's weekend, visitation will be on Thursday from 4:00 p.m. to 8:00 p.m. during the school year and Thursday 4:00 p.m. to 9:00 p.m. when school is not in session. c. Ten days throughout summer with the stipulation that only up to four of those days can be used consecutively for vacation. The remaining six days will be used non-consecutively. d. Visitation will be allowed under the following conditions: 2 i. Father agrees to abstain from the use of alcoholic beverages and narcotics during the Child's visits. ii. Father will under no circumstances be allowed to drive the Child on his motorcycle during his visitation periods. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the we{{-being of their Child, and shall appropriately notify the other parent of any changes in health or educational progress. 5. The parents shall organize ways for their Child to maintain his friendships, extracurricular activities, and other special interests, regardless of which household he may be in. 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. '~ 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive as well as daily contact via a-mail with the Child ,when. in the custody of the other parent. 3 8. Applicable Laws: Any provision in this Agreement regarding Child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 9. UCCJA and PKPA: Should it become necessary for Mother/Father to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Mother's option, in accordance with the provisions of Pennsylvania's Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. §§ 5341-5366 ("UCCJA") and the Federal Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA and she will not oppose an application being brought pursuant to UCCJA and PKPA. 10. Modification: The provision of this Paragraph shall be modified according to applicable law. LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Telephone'(717) 7fi1-7573 Shane B. Kope, Esquire Attorney for Plaintiff Jo Ruch 404 Gale Street Mechanicsburg, PA 17050 _ v~ 1 aintiff S.~~xQ,~3cn d-Swc:e.N COMMONWEALTH OF PENNSYLVA ~ 1=r/rC.C 'n e fVotarial seal 3 Z / v ~ Daniel J. Albert, NotaN PubtlC ~ ~~ ~ ~~~=e~-~.' _ Washington TMrp. Y ~My Commissbn Expires Mar. 28, Member, Pnnnsylvs~nie AsROCletion of Notaries Sworn to or affirmed and acknowledged before me by BR~+N OLSON on -1-~ ~. ~~ .2006 Notary Pu51ic MMONWE ° ~)F~PE,NNS A Ncv~ria{9~ai Rifbecca Mes, Nohry Public Royalteon 9o Dauphin Cou My Commissbtl~grire~ Jan. 9, 2009 AA~mber: P.~~ncvNmnlA Asant~etfon of Wohriss Brian 01son 116 West Roosevelt Street Middletown, PA 17057 <~ YI,G4~--- (I Defendant 5 ~x~, b;+ R i JO RUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.O1-6903 CIVIL ACTION -LAW BRIAN OLSON, IN CUSTODY Defendant COURT ORDER AND NOW, this ~ day of July, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court in this matter dated March 31, 2006 is temporarily vacated. 2. Custody at this point shall be handled as follows: A. The Mother, Jo Ruch, shall enjoy primary physical custody of the minor child, Brian D. Olson, II, born September 10,1996. B. The Father, Brian Olson, shall enjoy periods of temporary physical custody as follows: 1) On at least one session per week to be arranged by the Father when the Father of the minor child shall have a supervised visitation session at the office of Guidance Associates or a similar c~c:nsel:ng agency. C^,sts of t'~~se se<-~~ices e~o~iL" 'tee p~i~ for- b; the Father. Father shall make arrangements and shall notify the Mother with respect to when these sessions are scheduled. Mother shall ensure that the minor child is in attendance as required. 2) At such other times as agreed upon by the parties. 3. Legal counsel for the parties shall conduct another conciliation conference via telephone conference call with the Conciliator on Friday, August 25, 2006 at 5:00 a.m. At this conference, the Father's status with respect to incarceration shall be addressed and the issue of what additional contact, if any, the Father would have with the minor child will also be addressed at that point. 4. Both parties preserve the claims they have filed in their Petitions and those claims may be asserted at a hearing in the event the parties ultimately need to litigate this case at a hearing in Court. Cc: Shane B. Kope, Esquire John F. King, Esquire 'TRUE ~~PY E~ 'testimony whereof, ~~d t Sea{ of said Cc phi .:C~.~.... d~ F~~M R~C~RD I here unto set my harkl ~c~rt at~Carlj~ie, Pa. BY THE COURT, JO RUCH, Plaintiff vs. BRIAN OLSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-6903 CIVIL ACTION -LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Brian D. Olson, II, born September 10,1996 2. A Conciliation Conference was held on July 14, 2006 with the following individuals in attendance: The Mother, Jo Ruch, with her counsel, Shane B. Kope, Esquire The Father, Brian Olson, with his counsel, John F. King, Esquire 3. The Mother has filed a petition to modify the existing Custody Order. Father has also filed a petition to modify the existing Order and to hold Mother in contempt for violation .of the existing Order. There are a number of issues that need to be worked out. Primarily, Father is currently incarcerated bLttn..the work release progr m in Dauphin County. He has another Court date scheduled in early August. The Mother has concerns relative to Father having custody with the child while he is in jail and in light of circumstances that brought Father to be in jail. The Conciliator recommended to the parties a supervised visitation arrangement pending clarification of Father's status relative to incarceration which, hopefully, will be resolved in early August. 4. The Conciliator recommends an Order in the form as attached. ~Y Date: 3uly ~~ , 2006 Hubert X~ilroy, Esquire Custody onciliator (`-' ~ Q V ~~ W '+~ c ~-- r ~ ~ ~- C? ~ ~~ _. ..~ -~ ~ ~ ~ ..tee;; ~ ~, , J "1_ t i1 ^ « 't 1.. .... w. .i" . '-~ f ` i ' i "j V y J3 ~.4». JO RUCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN OLSON DEFENDANT • 01-6903 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Agri103, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, Apri120, 2007 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and. narrow the issues to be heard by the court, and to enter into a temporary order. All children ale five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Kelief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, 13y: Is/ Hubert X. Grlro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1.990. 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 ~~."~° ~~ y F ~ i 0.` ~'r d ~ ./ JO RUCH, V. Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-6903 CIVIL ACTION -LAW CUSTODY BRIAN OLSON, Defendant/Petitioner RESPONSE TO PETITION FOR CONTEMPT FOR FAILURE COMPLY WITH ORDER OF COURT AND PETITION TO MODIFY CUSTODY AND NOW, this ~~~ day of April, 2007, comes the Respondent, Jo Ruch, by and through her counsel, CGA Law Firm, and files the following Response: 1. Admitted in part and denied in part. It is admitted that the Defendant/Petitioner is Brian Olson. It is unknown whether or not he resides at 116 West Roosevelt Avenue, Middletown, Dauphin County, Pennsylvania, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that a Stipulation was entered by the parties on or about February 15, 2006. It was entered as an Order in March 2006. By way of further answer, significant developments and further Court Orders occurring after the entry of this Stipulation have significantly altered this Stipulated Order. 5. Admitted. 6. Admitted. ~0o,9o9z9„ } 7. Denied. It is specifically denied that the PlaintifflRespondent has breached the July 20, 2006, Order of Court. The Order indicated that one (1) session of supervised visitation was to be scheduled by the Father at the office of Guidance Associates, or a similar counseling agency. Father was to make arrangements and to notify Mother with respect to that session. By way of further answer, one (1) session was scheduled by Father in August 2006. After fifteen (15) minutes, the supervised visit was terminated due to Petitioner, Brian Olson's, abusive behavior toward the minor child. No further meetings had been requested until late January, 2007. By way of further answer, the Order of Court of July 20, 2006, indicated that the parties preserve all claims in their previously filed Petitions, which can be asserted at a hearing in the event the parties ultimately need to litigate the matter before the Court. Further, after the visit was terminated due to Father's abusive conduct, the Petitioner was then incarcerated for violation of his probation, during which time there was no contact. There have been additional unwarranted and attempted contact with members of the Ruch family since his release from incarceration that have placed them in fear. By way of further answer, Mother has not obstructed contact, in fact, the child's counselors have diagnosed the minor child with an anxiety disorder and post- traumatic stress disorder symptoms as a result of the abuse and injuries suffered at the hands of Father and those witnessed by the minor child against his Mother by his Father. Further, Father's abusive conduct during the supervised visit, resulted in the reoccurrence of post- traumatic stress disorder symptoms resulting in individual counseling for the minor child. It should be further noted that Father has made a few telephone calls to the minor child all of which have been abusive. Further, Father was provided the minor child's cell phone number over a year ago. The telephone number for the child has remained unchanged and {0019092911}2 despite Fathers assertions that contact has been obstructed, he has not attempted any telephone contact with the minor child on his cell phone since September, 2006. 8. It is specifically denied that Plaintiff/Respondent's actions are in willful disregard of the Court Order. By way of further answer, Father can not abuse the minor child during the supervised visits and expect that they will be ongoing in contravention of the child's counselor. By way of further answer, the Father has been in and out of this child's life and his sporadic and abusive conduct resulted in direct injury to the minor child and any future contact should be at the recommendation and supervision of the child's counselors. 9. It is not in the best interest and permanent welfare of the minor child by establishing a schedule of partial custody with the Father. 10. Admitted. 11. Neither admitted nor denied. The Plaintiff/Respondent is without sufficient information or knowledge to form a belief as to the truth or veracity of this statement and strict proof thereof is demanded at the time of trial. 12. Neither admitted nor denied. The Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of this statement and strict proof thereof is demanded at the time of trial. 13. Neither admitted nor denied. The Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of this statement and strict proof thereof is demanded at the time of trial. {0019092911} 3 WHEREFORE, Plaintiff/Respondent respectfully requests that the request of Defendant/Petitioner be dismissed. Respectfully submitted, CGA Law Firm ~~ ~~-~ Y~ Michelle Pokrifka, Esquire Supreme Court No. 66654 135 North George Street York, Pennsylvania 17401 Tel.: (717) 84$-4900 {~~, 90929!1 } 4 VERIFICATION I, the undersigned, Jo Ruch, hereby affirm that the facts contained in the foregoing Response to Petition for Contempt are true and correct to the best of my lmowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. L~ Dated: ~ ~ Ct , 2007 ~ U Jo Ruc {00172397/1} ~ ~ r~ t~;_. t _~ '?.. ; rv .. ~~ ~ ~_` `~ t ~ . • "' z. ll- F.j . ..i ~' ,~ ~_ . "'C JO RUCH, Plaintiff vs. BRIAN OLSON, Defendant APR 8~ 200i 6~b ~ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-6903 CIVIL ACTION -LAW IN CUSTODY ~-} COURT ORDER AND NOW, this a.S~ day of April, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father and the minor child shall engage in reconciliation counseling to be performed by a professional agreed upon by legal counsel for the parties. Cost of this counseling shall be paid for by the father. This professional shall have the ability to share with both legal counsel the progress and results of these counseling sessions. It is anticipated that the aim of the counseling sessions will be to reunite the father and the minor child and, hopefully, result in a situation at some later that father will be able to exercise meaningful visitation with his son. 2. In the event for any reason legal counsel are unable to agree upon a professional to perform this evaluation, they may contact the Conciliator directly via a telephone conference after which the Conciliator may make a further recommendation to the Court on that issue. 3. The arrangements for visitation afforded to the father pursuant to this Court's July 20, 2006 Order are stayed pending further Order of this Court or recommendation of a counselor that is being employed in conjunction with this Order. 4. Father shall retain reasonable telephone contact with the minor child subject, however, to the direction that father shall not be confrontational with the child and shall limit his conversations to appropriate, amicable topics. Y r~^' ('~ j -7,~t' -~ ~- s",s_ ~ 1_ ~;, J .- b ct N .-,_~. n ... ,,/ f.L ; ! _il • ~ .~s ..r ~ ti 5. Both parties shall encourage the minor child to enjoy a loving and healthy relationship with the other parent. Neither parent shall disparage the other parent to the minor child or allow other adults in their company to do so. J. Cc: ~chelle Pokrifka, Esquire arad W. Handelman, Esquire J F:\FII,ES\DATAFQ.E\GeoenPCurreot\12321\Ruch v. Olvou Report-Order BY THE COURT, ,- JO RUCH, Plaintiff vs. BRIAN OLSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-6903 CIVIL ACTION -LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Brian D. Olson, II, born September 10,1996 2. A Conciliation Conference was held on July 14, 2006 with the following individuals in attendance: The Mother, Jo Ruch, with her counsel, Michelle Pokrifka, Esquire The Father, Brian Olson, with his counsel, Jarad W. Handelman, Esquire 3. The parties agree to the entry of an Order in the form as attached. `f_ai~ 0~7 DATE Hubert X. Gilroy, E wire Custody Conciliat