HomeMy WebLinkAbout01-2355LOUIS A. ULRICH, :
Plaintiff :
v. :
:
MARTHA A. ULRICH, :
Defendant :
IN THE COURT OF CO~40N PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 -23f~/CIVIL TEBM
CIVIL ACTION - LAW
CUSTODY ACTION
CUSTODY CO~PLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
1. The Plaintiff is Louis A. Ulrich residing
Sporting Hill Road, Mechanicsburg, Cumberland County,
2. The Defendant is Martha A.
Gettysburg Road, 2nd Floor, Camp Hill,
at 207 S.
PA 17050.
Ulrich residing at 3200 Old
Cumberland County, PA 17011.
3. Plaintiff seeks joint legal custody and shared physical
custody of the following child:
NAME PRESENT RESIDENCE DOB
Crystal Rose Ulrich 207 S. Sporting Hill Rd 05/17/93
Mechanicsburg, PA
The child was born in wedlock.
The child is presently in the shared physical custody of
Martha R. Ulrich who resides at 3200 01d Gettysburg Road, Camp
Hill, Cumberland County, Pennsylvania and Louis A. Ulrich residing
at 207 S. Sporting Hill Road, Mechanicsburg, Pennsylvania.
During
the past five years, the child has resided with the
and at the following addresses:
A~lcl~esses
Mechanicsburg, PA
following persons
Persons
Mother &
Father
Dates
09/99 - present
Mother & 55 Lori Circle
Father Mechanicsburg, PA
The mother of the child is Martha
resides at 3200 Old Gettysburg Road, Camp Hill,
1995 - 09/99
A. Ulrich who currently
Pennsylvania.
She is married.
The father of the child is Louis A. Ulrich who currently
resides at 207 S. Sporting Hill Road, Mechanicsburg, Pennsylvania.
He is married.
4. The relationship of Plaintiff to the child is that of
father. The Plaintiff currently resides with the following
persons:
o
mother.
persons:
Nam9 Relationship
Crystal Rose Ulrich Daughter
The relationship of Defendant to the child is that of
The Defendant currently resides with the following
Nae
Crystal Rose Ulrich
Relatio~shiD
Daughter
2
6. Neither party has participated as a party nor witness, or
in another capacity, in other litigation concerning the custody of
the child in this or another court.
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:
Plaintiff can properly care for his child
Plaintiff can provide a loving home.
been
B.
C. Plaintiff will place his child's interest before
his own.
8. Each parent whose parental rights to the child has not
terminated and the person who has physical custody of the
child has been named as parties to this action.
WHEREFORE, Plaintiff requests this Honorable Court to grant
him joint legal custody and shared physical custody of his child,
subject to defendant's right to joint legal custody and shared
physical custody.
Respectfully submitted,
Thomas D. Gould, Esquire
ID #36508
2 Eo Main Street
Shiremanstown, PA 17011
(717) 731-1461
3
LOUIS A. ULRICH
PLAINTIFF
V.
MART)IA A. ULRICH
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2355 CIVIL ACTION LAW
/NCUSTODY
ORDER OF COURT
AND NOW, Friday, April 27, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear befbre Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 22, 2001 at 12:30 p.m.
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. Al/children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry ora 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/
Dawn S. Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply w/th 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. 1F 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
LOUIS A. ULRICH,
Plaintiff
vs.
MARTHA A. ULRICH,
Defendant
IN THE COURT OF OgMMON PLEAS OF
CUMBERLAND ~, PENNSYLVANIA
NO. 01-2355 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
upon consideration of the attached
ordered and directed as follows:
day of ~ , 2001,
Custody ConciliatiOn Report, it is
1. The Father, Louis A. Ulrich, and the Mother, Martha A. Ulrich,
shall have shared legal custody of Crystal Rose Ulrich, born May 17, 1993.
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 her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall enroll and participate in an alcohol treatment
program at least on a weekly basis within two weeks of the date of the
Custody Conciliation Conference. The Father shall provide written status
reports from the program to the Mother on a monthly basis.
4. The Father shall have partial physical custody of the Child on
alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m.
The Father may also have additional periods of custody during the week as
arranged by agreement of the parties.
5. In the event the Child adjusts well to the alternating weekend
partial custody schedule, the Father shall be entitled to have custody of
the Child for one uninterrupted week in July and one week in August upon
providing at least 30 days advance notice to the Mother.
6. The parties shall have custody of the Child on holidays as
follows:
S~%RED ~]Gg~IDAYS: The parties shall equally share having
custody of the Child each year on Christmas, Thanksgiving and
Easter, with the specific times to be arranged by agreement of
the parties.
B. ALibIInG ~G~IDAYS: In odd numbered years, the Father shall
have custody of the Child on the Memorial Day and Labor Day
holidays and the Mother shall have custody on July 4th. In
even numbered years, the Mother shall have custody of the
Child on the Memorial Day and Labor Day holidays and the
Father shall have custody on July 4th. The specific times for
exchanges of custody shall be arranged by agreement of the
parties.
MOi~'S DAY/FA'I~'fk~Y: The Mother shall have custody of the
Child every year o~ Mother's Day and the Father shall have
custody of the Child every year on Father's Day, with the
times to be arranged by agreement.
7. Unless otherwise agreed between the parties, the party
relinquishing custody of the Child shall be responsible to provide
transportation by a licensed driver for the exchange of custody. The Child
shall be transported at all times in a seat belt.
8. Both parties shall be flexible in making adjustments to the
weekend, holiday and summer vacation custody schedules as necessary
depending on the C~ild's adjustment.
9. The Father shall refrain frc~ drinking alcohol during his periods
of custody with the Child. The Father shall ensure that third parties
having contact with the Child comply with this provision.
10. The parties shall cor~unicate directly with each other rather than
involving the Child as an intermediary or messenger.
11. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
cc:
BY THE,~~/
Thomas D. Gould, Esquire - Counsel for Father
Timothy J. O'Connell, Esquire - Counsel for Mother
LOUIS A. ULRICH,
Plaintiff
vs.
MARTHA A. ULRICH~
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2355 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
Crystal Rose Ulrich
May 17, 1993 Mother
2. A Conciliation Conference was held on May 22, 2001, with the
following individuals in attendance: The Father, Louis A. Ulrich, with his
counsel, Thomas D. Gould, Esquire, and the Mother, Martha A. Ulrich, with
her counsel, Timothy J. O'Connell, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Custody Conciliator
LOUIS A. ULRICH
PLAINTIFF
V.
MARTHA A. ULRICH
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2355 CIVIL ACTION LAW
IN CUSTODY
ORDEROF COURT
AND NOW, Thursday~ September 13, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 09, 2001 at 12:30 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. 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/
Dawn S. Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply w/th 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 heating or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATI'ORNEY 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
LOUIS A. ULRICH,
Petitioner
MARTHA A. ULRICH,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACT/ON - LAW
:
: PACSES Case Number: 805103380
: Docket Number: ~ ~ ~
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER
The Petitioner, Louis A. Ulrich, by and through his attorneys, THE LAW OFFICES OF
PAUL BRADFORD ORR, respectfully represents the following:
1. That on May 31, 2001, an Order was entered awarding Petitioner partial custody of the
minor child, Crystal Rose Ulrich, born May 17, 1993.
2. A true and correct copy of the Order is attached hereto and marked as Exhibit "A?'
3. Respondent has willfully failed to abide by the Order.
4. At the present time, Petitioner does not know where Respondent is residing with their
minor child.
5. Petitioner has tried to call Respondent on numerous occasions to determine where she
is residing with their minor child, what school the minor child is attending, and who her teacher is,
but Respondent refuses to divulge that information.
6. According to the Order of Court, Petitioner was to have custody of the minor child on
the weekend of May 18, 2001, but Respondent refused to give the child to him.
7. On July 1, 2001, Petitioner was to have custody of the minor child, but Respondent
requested that he trade that day and have custody of the minor child on July 6, 2001, instead so
that Respondent may take the minor child to her mother's house to visit. Petitioner granted this
request, but Respondent never allowed him to have custody of the child on July 6, 2001.
8. On July 17, 2001, Respondent showed up where the Petitioner had taken the minor
child on vacation.
9. According to the Order of Court, Petitioner was to have custody of the minor child,
but when he called to make the arrangements, Respondent told him that he was not getting the
child and if he didn't like it, he was to call his attorney.
10. On August 10~ through the 17~, Petitioner was to take the minor child on vacation
for a week, but Respondent did not allow him to do so.
11. Since Petitioner did not get custody of the minor child on the week of August 10,
2001, Petitioner thought that he would get custody of the child on the next weekend for his
weekly visit, but Respondent did not allow this visitation to occur.
12. According to the Order, Petitioner is to have custody of the minor child on Labor Day
on odd numbered years.
13. Respondent failed to deliver the child on Labor Day on September 3, 2001.
WHEREFORE, Petitioner respectfully requests this Petition for Civil Contempt be
granted and the Respondent be ordered to pay costs, attorneys fees and any other relief that this
Honorable Court deem to be reasonable.
Date:
Respectfully Submitted:
5~FFICES OF PAUL BJKADFORD ORR
Paul Bradt dd/)rr, Esquire
Attorney for Petitioner
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID # 71786
VERi~CATION
I verify that the statements made in the foregoing 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
unsworu falsification to authorities.
Louis A. Ulrich, Petitioner
LOUIS A. ULRICH,
Plaintiff
vs.
MARTHA A. ULRICH,
Defendant
2or~ciliation ~ ~ it is
upon consideration of the attached Custody *' Re~,.{ t
ordered and directed as follows:
1. The Father, Louis A. Ulrich, and tm~ Y~ther, {~l~ctha ,%. Ulrich,
shall have shared legal custody of Crystal Rog~! U/[{?ich, b~::'n ;~a]; 17, 1993.
Each parent shall have an equal right, to ~y. exercis~{ j~intly with the
other parent, to make all major non-emergency decis£o~!~ affecting the
Child's general well-being including, but no~ licited (>r, all Jecisions
regarding her health, education and religion.
2. The Mother shall have primary physical custody o];. t:ne Chi.id.
3. The Father shall enroll and particig~:e :in an alcohol l:reatment
program at least oo a weekly basis within t~ weeks cf t~e dst-= of the
Custody Conciliation Conference. The Father s~l~ill provide writt,~n status
reports from the program to the Mother on a montkly
4. The Father shall tmave partial physic~[ custody of the ]hild on
alternating weekends from Friday at 6:00 p.m. ~:J'~rough S[xl~ay at 6:00 p.m.
The Father may also have additional periods of :.~stody during the week as
arranged by agreement of the parties.
5. In the event the Child adjusts well t:,.~ the a]te~natiag weekend
partial custody schedule, the Father shall be erttitled to have custcc]y of
the Child for oae ~interrupted week in July arid one we,.=k .ir.~ At~ust upon
providing at least 30 days advance notice to the
6. The parties shall have custody of :he :~llc on holidays as
follows:
S~a~RED ~IDAYS: The parties sh~ll equally share having
custody of the Child each year on C~ristmas, '/'hanksgivin9 and
Easter, with the specific times to b} arranged {LV ingredient of
the parties.
B. AL~'~NAT]i~G ~OL//)AX~: In odd number~.::l years~ t~]e }'athe~' shall
have custody of the Child on the MeTIorial E~y !~nd La]:or Day
EXHIBr I'
A
holidays and the Mother shall have custody on July 4th. In
even numbered years, the Mother shall have custody of the
Child on the Memorial Day and Labor Day holidays and the
Father shall have custody on July 4th. The specific times for
exchanges of custody shall be arranged by agreement of the
parties.
MOTHER'S DAY/FAT~h~'DAX: The Mother shall have custody of the
Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day, with the
times to be arranged by agreement.
7. Unless otherwise agreed between the parties, the party
relinquishing custody of the Child shall be responsible to provide
transportation by a licensed driver for the exchange of custody. The Child
shall be transported at all times in a seat belt.
8. Both parties shall be flexible in making adjustments to the
weekend, holiday and summer vacation custody schedules as necessary
depending on the Child's adjustment.
9. The Father shall refrain frown drinking alcohol during his periods
of custody with the Child. The Father shall ensure that third parties
having contact with the Child comply with this provision.
10. The parties shall co~nunicate directly with each other rather than
involving the Child as an intermediary or messenger.
11. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE~~~~//
cc: Thomas D. Gould, Esquire - Counsel for Father
Timothy J. O'Connell, Esquire - Counsel for Mother
1'RUE COPY FROM RECORD
in Testimony wrere0f, I he~e unto sat my hand
and th~_seaJ d said Co~_ rl at Carltste..-P~.
Ih'othonotary
Je
LC~3IS A. ULRICH,
Plaintiff
MARTHA A. ULRICH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2355 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
IN A(X~(~%DANCE WA'iq CDMB~%LA~) COt~%'l"f RU[~ OF CIVIL PRO~k,~O~E
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
Crystal Rose Ulrich
May 17, 1993 Mother
2. A Conciliation Conference was held on May 22, 2001, with the
following individuals in attendance: The Father, Louis A. Ulrich, with his
counsel, Thomas D. Could, Esquire, and the Mother, Martha A. Ulrich, with
her counsel, Timothy J. O'Connell, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Custody Conciliator
LOUIS A. ULRICH,
Petitioner
MARTHA A. ULRICH,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: PACSES Case Number: 805103380
: Docket Number: 01-2355
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
AND NOW, this 7th day of September, 200 l, Paul Hundertmark, Pennsylvania State Constable,
in the above-captioned action, served a true copy of the Complaint for Custody, executed by the Plaintiff
in the above-captioned matter, upon the Defendant by hand delivery on September 7, 2001, at 10:45 PM
at the Harrisburg State Hospital located at Cameron and Maclay Streets, Harrisburg, PA 17106 (See
attached and marked as Exhibit "A").
By:
Paul Bradford O"r, Esquire
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF THE STATE CONSTABLE
BOROUGH OF MECHANICSBURG
Paul B. Orr, Esquire
50 East High Street
Carlisle, PA 17013
RE: Louis A. Ulrich v. Martha A. Ulrich
Civil Action Law No. 01-2355
REMARKS: Served Martha A. Ulrich
Harrisburg State Hospital
09-07-01 at
Penn~ Constable
PO Box 1245
Mechanicsburg, PA 17055
PETITIONER'S EXHIBIT A
LOUIS A. ULRICH,
Plaintiff
VS.
MARTHA A. ULRICH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2355 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~,~~ , 2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated May 31, 2001, is vacated and replaced with this Order.
2. The Father, Louis A. Ulrich, and the Mother, Martha A. Ulrich, shall have shared legal
custody of Crystal Rose Ulrich, bom May 17, 1993. 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 her health, education
and religion.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall enroll and participate in an alcohol treatment program at least on a weekly
basis. The Father shall provide written status reports from the program to the Mother on a monthly
basis.
5. The Father shall have partial physical custody of the Child on alternating weekends from
Friday at 6:00 p.m. through Sunday at 6:00 p.m. The Father may also have additional periods of
custody during the week as arranged by agreement of the parties.
6. The Father shall be entitled to have custody of the Child for one uninterrupted week in July
and one week in August each year upon providing at least 30 days advance notice to the Mother.
7. The parties shall have custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall
run from Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m., Segment B,
which shall run from Christmas Day at 4:00 p.m. through December 29 at 4:00 p.m., and
Segment C, which shall run from December 29 at 4:00 p.m. through January 1 at 4:00 p.m.
The Mother shall have custody of the Child during Segments A and C in odd numbered
years and during Segment B in even numbered years. The Father shall have custody of the
Child during Segments A and C in even numbered years and during Segment B in odd
numbered years. Notwithstanding the foregoing, in the year 2001 only, the Mother shall
have custody of the Child from Christmas Eve at 4:00 p.m. through Christmas Day at 4:00
p.m. and the Father shall have custody from Christmas Day at 4:00 p.m. through New
Years Day at 4:00 p.m.
B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which
shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day
at 4:00 p.m., and Segment B, which shall nm from Thanksgiving Day at 4:00 p.m. through
the following Friday at 6:00 p.m. The Mother shall have custody of the Child during
Segment A in odd numbered years and during Segment B in even numbered years. The
Father shall have custody of the Child during Segment A in even numbered years and
during Segment B in odd numbered years.
C. EASTER: The Easter holiday shall be divided into Segment A, which shall run from
the last day of school before the Easter break at 6:00 p.m. through the Friday before Easter
at 6:00 p.m., and Segment B, which shall run from the Friday before Easter at 6:00 p.m.
through the day before school resumes after the Easter break at 6:00 p.m. In each year, the
party who has custody of the Child under the regular alternating weekend schedule over
Easter weekend shall have custody during Segment B and the other party shall have
custody during Segment A.
D. MEMORIAL DAY/JULY 4Wa/LABOR DAY: The holiday period of custody on
Labor Day and Memorial Day shall run from 9:00 a.m. until 7:00 p.m. on the day of the
holiday and the July 4th holiday period of custody shall run from 9:00 a.m. until after the
fireworks on July 4th. The Father shall have custody of the Child on Memorial Day and
Labor Day in odd numbered years and on July 4th in even numbered years. The Mother
shall have custody of the Child on Memorial Day and Labor Day in even numbered years
and on July 4th in odd numbered years.
E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child
every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have
custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m.
F. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule,
8. The Father shall sign all necessary authorizations to enable the Mother and her counsel to
obtain information regarding the Father's participation, evaluation and treatment through the
Gaudenzia West Shore Program. The Father shall follow any recommendations provided by the
Gaudenzia Program regarding further treatment.
9. The Father shall refrain from drinking alcohol during his periods of custody with the Child.
The Father shall ensure that third parties having contact with the Child comply with this provision.
10. Unless otherwise agreed between the parties, the party relinquishing custody of the Child
shall be responsible to provide transportation by a licensed driver for the exchange of custody. The
Child shall be transported at all times in a seat belt. The parties shall conduct all exchanges of custody
in a calm and cooperative manner in order to serve the best interests of the Child.
11. The parties shall communicate directly with each other concerning all custody issues rather
than involving the Child in any way in disputes or conflicts.
12. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
Edgar B. Bayley,
Cc: Paul B. Orr, Esquire - Counsel for Father
Timothy J. O'Connell, Esquire - Counsel for Mother ~
I
!
LOUIS A. ULRICH,
Plaintiff
VS.
MARTHA A. ULRICH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 01-2355 CIVIL ACTION LAW
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Crystal Rose Ulrich May 17, 1993
Mother
2. A Conciliation Conference was held on October 9, 2001, with the following individuals in
attendance: The Father, Louis A. Ulrich, with his counsel, Paul B. Orr, Esquire and the Mother,
Martha A. Ulrich, with her counsel, Timothy J. O'Connell, Esquire.
3. The parties agreed to entry of an Order in the form as attached. The parties acknowledge
that the Father has complied with the provision requiring him to participate in an alcohol treatment
program by his enrollment in the Gaudenzia Program from June through October 2001. The Mother's
counsel requested that the provision be retained in the attached amended Order pending the Mother's
review of information to be obtained from the program with the Father's authorization.
Date
Dawn S. Sunday, Esquire
Custody Conciliator
LOUIS A. ULRICH :
PLAINTIFF :
MARTHA A. BRUBAKER, F//K]A MARTHA
A. ULRICH :
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2355 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, September 25, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechaniesburg, PA 17055 on Wednesday, October 22, 2003 at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to apvear 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,
Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~.
FORTHECOURT,
By: /s/ Dawn S. Sunday, .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 F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
LOUIS A. ULRICH,
Plaintiff
VS.
MARTHA A. BRUBAKER,
f/k/a MARTHA A. ULRICH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2355
CIVIL ACTION - LAW
CUSTODY / VISITATION
PETITION TO MODIFY CUSTODY
AND NOW, comes the Defendant, MARTHA A. BRUBAKER f/kJa MARTHA A.
ULRICH, by and through her attorneys, the Law Offices ofBATURIN & BATURIN, and
respectfully sets forth the Defendant's Petition to Modify Custody as follows:
1. The Defendant is MARTHA A. BRUBAKER f/k/a MARTHA A. ULRICH, an
adult individual, sui juris, residing at 35 North Market Street, Dauphin County, Duncannon, PA
17020. The said Martha A. Ulrich having been remarried, is now known as Martha A. Brubaker.
2. The Plaintiff is LOUIS A. ULRICH, an adult individual, sui juris, who is currently
incarcerated at the Cumberland County Prison, located at 1101 Claremont Road, Carlisle,
Cumberland County Pennsylvania 17013.
3. The Plaintiffand Defendant are the parents of one (1) minor child, CRYSTAL
ROSE ULRICH, born May 17, 1993, being ten (10) years of age. Said minor child is the
subject of this Custody Complaint,
4. The parties were married but are currently divorced. Said child was born during the
parties marriage.
5. The child is presently in the primary custody of her mother and resides at 35 North
11. Defendant lcnows of no other person or party to the within proceeding who has
physical custody of said child or who has visitation rights with respect to said child.
12. The best interest and permanent welfare of the said minor child will be served by
granting the relief requested because:
a. There have been changes in the circumstances of the Defendant/mother's life
which will enable her to have full physical custody of her children; the Defendant has modified
her work schedule and has remarried and she is able to provide care for said child prior to school.
b. Defendant/mother is well able to adequately provide for the continuing
health, educational needs and general welfare of the child;
c. Defendant/mother is well able to adequately provide the said child with a
proper and wholesome environment, physically, emotionally, psychologically and socially,
within which to live;
d. Defendant is deeply concerned about the safety and welfare of the child
because the Defendant is of the understanding that Plaintiff lives with three (3) alcoholic
roommates and she has been advised that said roommates drink in the presence of the child;
e, The Defendant is concerned about the safety of the minor child because at the
time, the Defendant is currently in prison for a Driving Under the Influence offense and has
consistently been driving with a suspended license;
f. The Plaintiff had previously advised the Defendant that he was not going to be
"home" for the next five (5) weeks as he was going to the Bahamas, when, Defendant has been
-3-
advised Plaintiffis in fact incarcerated for his most recent Driving Under the Influence, his third
(Y~) of such offense;
g. Plaintiff/father is currently in jail for alcohol related crimes in violation of this
Order dated May 3l, 2001.
h. The Defendant is concerned about the safety and privacy of the minor child
because she does not have her own room while staying at the PlaintifFs home and is actually
sleeping in the same room as the Plaintiff. Said minor child has her own bedroom at the
Defendant's house;
i. It is in the best interest of the said child generally that full physical and legal
custody be granted to the mother, MARTHA A. BRUBAKER, Defendant herein.
WHEREFORE, MARTHA A. BRUBAKER, respectfully requests that this
Honorable Court grant the relief requested, and any other relief deemed appropriate, and
enter a Final Order granting full legal and physical custody of said minor child, CRYSTAL
ULRICH, to the Defendant herein.
Dated: _ t]'1'~'~22~ __
Respectfully submitted,
BATURJN & BATURIN
HARRY M BATURIN, ESQUIRE
Attorney I.D. No. 83006
717 North Second Street
Harrisburg, PA 17102
(717) 234-2427
(Attorney for Defendant)
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION TO MODIFY
CUSTODY ARE TRUE AND CORRECT AND THAT THE DOCUMENT IS SUBMITTED
IN GOOD FAITH. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES AND THAT THE COURT MAY IMPOSE AN
APPROPRIATE SANCTION FOR A BAD FAITH VIOLATION.
HA A. BRUBAKER
-5-
LOUIS A. ULRICH,
Plaintiff
vs.
MARTHA A. ULRICH,
Defendant
IN THE COURT OF OQMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2355 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
upon consideration of the attached Custody
ordered and directed as follows:
~1~o , 2001,
Conci n Report, it is
1. The Father, Louis A. Ulrich, and the Mother, Martha A. Ulrich,
shall have shared legal custody of Crystal Rose Ulrich, born May 17, 1993.
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 her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall enroll and participate in an alcohol treatment
program at least on a weekly basis within two wee)~ of the date of the
Custody Conciliation Conference. The Father shall provide written status
reports from the program to the Mother on a monthly basis.
4. The Father shall have partial physical custody of the Child on
alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m.
The Father may also have additional periods of custody during the week as
arranged by agreement of the parties.
5. In the event the Child adjusts well to the alternating weekend
partial custody schedule, the Father shall be entitled to have custody of
the Child for one uninterrupted week in July and one week in August upon
providing at least 30 days advance notice to the Mother.
6. The parties shall have custody of the Child on holidays as
follows:
SHARED ~OLIDAYS: The parties shall equally share having
custody of the Child each year on Christmas, Thanksgiving and
Easter, with ~he specific times to be arranged by agreement of
the parties.
ALT~Fa~LTING ~OLIDAYS: In odd nun~ered years, the Father shall
have custody of the Child on the Memorial Day and Labor Day
Exhibit "A"
holidays and the Mother ghall have custody on July 4th. In
even numbered years, the Mother shall have custody of the
Child on the Memorial Day and Labor Day holidays and the
Father shall have custody on July 4th. The specific times for
exchanges of custody shall be arr~.nged by agreement of the
parties.
M~YJ'H":~'S DAY/FA%1i~'DAY: The Mother shall have custody of the
Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day, ~ith the
times :o be arranged by agreement.
7. Unless otherwise agreed betwe~n the par~ies, the party
relinquishing custody of the Child shall be responsible to provide
transportation by a licensed driver for the exdn~nge of custody. The Child
mhall be transposed at all times in a seat belt.
8. Both parties shall be flexible in making adjustments to the
weekend, holiday Mud s~ar vacation custody schedules as necessary
depending on ~he Child's adjustment.
9. The Father shall refrain from drinking alcohol during his pe-riods
of custody with t3~e Child. The Father shall ensure that third parties
having contact with the Child comply with this provision.
!0. The p=~ies ~nall co.-mr~nicate directly %-i~h each other ra~ner
involving tha Child as an intermediary or messenger.
11. Tnis Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the term~
of this Order ~hall control.
BY THE CDURT,
cc:
Thomas D. Gould, Esquire - Counsel for Father
Timothy J. O'Co~nell, Esquire - Counsel for Mother
TRU COPY F OM RECORD
,i or ' ~re unto set my hand
In Tes,~;zpny wh~ eof,/J ,~-
LOUIS A. ULRICH,
Plaintiff
vs.
MARTHA A. ULRICH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND C~, PENNSYLVANIA
NO. 01-2355 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
IN AOOSRDANCE ~1~ ~ (IIj~l~I RULE OF CIVIL PRCr~W3RE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
DATE OF BIRI~
~Y IN CUSTODY OF
Crystal Rose Ulrich
May 17, 1993 Mother
2. A Conciliation Conference was held on May 22, 2001, with the
following individuals in attendance: The Father, Louis A. Ulrich, with his
counsel, Thomas D. Gould, Esquire, and the Mother, Martha A. Ulrich, with
her counsel, Timothy J. O'Connell, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Da~e -- ~
Custody Conciliator
LOUIS A. ULRICH,
Plaintiff
VS.
MARTHA A. BRUBAKER,
f/k/a MARTHA A. ULRICH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2355
CIVIL ACTION - LAW
CUSTODY / VISITATION
CERTIFICATE OF SERVICE
I, Harry M. Bamrin, Esquire, of the Law Finn of Bamrin & Baturin, attorneys for the
Defendant in the above-captioned matter, do hereby certify that on October 7, 2003, I deposited
in the United States Mail, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt
Requested, a clocked-in copy of the Complaint For Custody and a certified copy of the Order of
Court scheduling a conciliation conference, beating Article No. 7000 0520 0023 0126 4035,
addressed to: Louis A. Ulrich, 207 S. Sporting Hill Road, Mechanicsburg, Pennsylvania 17050.
The said article of Certified Mail, as shown by the Postal Return Receipt Card, was
received by the Defendant on October 8, 2003, and according to same, was signed, to wit: by
Nemesio Millan, which card is attached hereto and marked as Exhibit "A", along with the deposit
slip dated October 7, 2003, for said article of Certified Mail aforementioned.
Date: October 10, 2003
BATUR1N & BATURIN
BY:H~urin, Esquire
Attorney I.D. # 83006
717 North Second Street
Harrisburg, PA 17102
(717) 234-2427
Attorney for Defendant
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you,
· Attach this card to the back of the mailpiece,
or on the fl'ont ~f space permits.
1, Article Addressed to:
Louis A. ulrich
207 $. Sporting Hill
Mechanicsburg, PA 17050
A. ReCeived b B. Date of De, ivac/
C. Signature /~ ' [] .~rtt
PS Form 3811, July 1999
3. Service Type
FCe~tified Mall [] Express MaJ~
Registe~pd~ ~~' i"l Return Receipt for Merchandise
~-t Insured Mail ~ ~} C.O.D.
4, R~c~ed Oe~. ~.x~ Fe~) ~ Yes
Domestic Return Receipt 102595-00-M4)952
ru ~2.~ Ott2
~ 11
~ Reclp~nt'e Na~ (Pt~e Prat C~rty~pte~ by mallet)
~ Louis A. Ulri~.....~~PS / ..........................
~ ~ S. S~ng H~ll Road
Exhibit "A"
LOUIS A. ULRICH,
Plaintiff
VS.
MARTHA A. BRUBAKER, f/k/a
MARTHA A. ULRICH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2355 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this '~ day of ~ , 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated May 31, 2001 is suspended and replaced temporarily
with the terms of this Order.
2. The parties shall have shared legal custody of Crystal Rose Ulrich, bom May 17, 1993.
3. The Mother shall have primary physical custody of the Child.
4. For a period of six months, beginning November 1, 2003, the Father shall have partial
physical custody of the Child on alternating Saturdays from 12:00 noon until 4:00 pm on the condition
that the Mother is provided the opportunity to meet with the Father at the beginning of each period of
custody to confirm that there are no signs of alcohol use by either the Father or third parties present at
the Father's residence. The Father's periods of custody under this provision shall take place at the
Father's residence or place of employment, unless otherwise agreed between the parties in advance.
5. During the interim weeks, the Father may have an additional period of custody with the
Child at a supervising agency, in the event the Father makes the arrangements with the agency and
pays all costs associated with the use of the facility. The Father shall not schedule periods of custody
under this provision to interfere with the Mother's work schedule.
6. Beginning on the Father's first altemating weekend in May, 2004, the Father's periods of
custody shall be expanded to rrm from Saturday at 12:00 noon through Sunday at 6:00 pm on
alternating weekends for an additional period of six months.
7. After following the partial custody schedule set forth in this Order for a period of one year,
the parties agree that the prior Order of this Court, dated May 31, 2001 with the exception of
Paragraph 3, shall automatically be reinstated.
8. Pending reinstatement of the May 31, 2001 Order, the Father shall have periods of custody
over holidays as arranged by agreement between the parties. In 2003, the Father shall have custody of
the Child for at least four hours on either Christmas Eve or Christmas Day in addition to his regular
weekend periods of custody.
9. The Father shall be entitled to have custody of the Child for a two week vacation during the
summer in 2004 at the paternal uncle's residence in North Carolina, provided that the Father submits
advanced notice to the Mother of the address and telephone number where the Child can be contacted
during the two week period of vacation.
10. The parties agree that the Father's periods of custody are contingent upon the Father
periodically obtaining written confirmation from his probation officer that the Father continues to
comply with all probation requirements. The Father shall provide this written confirmation to the
Mother through counsel, upon the Mother's request.
11. The Father shall refrain from drinking alcohol prior to and during all periods of custody
with the Child and shall ensure that all third parties having contact with the Child comply with this
provision.
12. The Father shall refrain from influencing or interfering with the Child's relationship and
communication with her school counselor. Both parties shall be entitled to contact the school
counselor to request guidance on issues regarding the Child.
13. The Father shall be entitled to have liberal telephone contact with the Child at reasonable
times.
14. The Mother shall be responsible to provide all transportation for exchanges of custody
under this Order.
15. Neither party shall do or say anything which may estrange the Child from the other parent,
or the other parties family members, injure the opinion of the Child as to the other parent, or hamper
the free and natural development of the Child's love and respect for the other parent. Both parties shall
ensure that third parties having contact with the Child comply with this provision.
16. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order bymm[ual consent. In the absence of
mutual consent, the terms of this Order shall control.
B
Edgar B.'Bayley
cc: Paul Orr, Esquire - Counsel for Father
LOUIS A. ULRICH,
Plaintiff
VS.
MARTHA A. BRUBAKER, f/k/a
MARTHA A. ULRICH
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2355 CIVIL ACTION LAW
IN CUSTODY
Prior Judge: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator subruits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
Crystal Rose Ulrich
DATE OF BIRTH
May 17, 1993
CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held on October 22, 2003, with the following individuals in
attendance: The Father, Louis A. Ulrich, with his counsel, Paul B. Orr, Esquire, and the Mother,
Martha A. Brubaker, (formerly Ulrich) with her counsel, Harry M. Baturin, Esquire.
3. The parties agreed to entry of an Order in the form as attached which, in part, also reflects
the recommendations of the conciliator.
Date
Dawn S. Sunday, Esquire
Custody Conciliator