HomeMy WebLinkAbout01-2451LEE E. OESTERLEVG IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WENDY I. TOBIN
01-2451 CIVIL ACTION LAW
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, Thursday September 23, 2004 , 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 19, 2004
at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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 Sunday Esq, mhc
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Law Offices of Hazlett & Oesterling
20 South Market Street
Mechanicsburg, PA 17055
(717)-790-0490
IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL
DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA
LEE E. OESTERLING : NO. 07- .2 V X1 C'-j T
Plaintiff,
V.
Civil Action - Custody
WENDY J. TOBIN
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is Lee E. Oesterling, an adult individual, sui juris, who resides at 606 South York
Street, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, 17055.
2. The Defendant is Wendy J. Tobin, an adult individual, sui juris, who resides at 1002 South
Market Street, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania. 17055.
3. Plaintiff seeks custody of the following children:
Name
Present Residence
Age
Heather E. Oesterling
Andrew L. Oesterling
Daniel J. Oesterling
1002 S. Market Street, Mechanicsburg, PA 17055 ; 9 y/o (3-18-92)
1002 S. Market Street, Mechanicsburg, PA 17055 ; 6 y/o (5-29-94)
1002 S. Market Street, Mechanicsburg, PA 17055 ; 3 y/o (10-17-97)
4. The children were born in wedlock.
5. The children are presently in the custody of Defendant with partial custody rights to Plaintiff.
6. During the past five years, the children have resided with the following persons and at the
following addresses:
Person
Lee E. Oesterling
Wendy J. Oesterling
Wendy J. Tobin
Tracy Tobin
Address Dates
1002 South Market Street, Mechanicsburg, PA 19% to 3-2000
1002 South Market Street, Mechanicsburg, PA 3-00 to present
The mother of the children is Wendy J. Tobin.
8. She is married.
9. The father of the children is Lee E. Oesterling.
10. He is single.
11. The relationship of plaintiff to the children is that of biological father.
12. The plaintiff currently resides with the following persons:
Name
Paula Camplese
Kelcey Oesterling
Teegan Leader
Shaden Leader
Relationship
Girlfriend
Daughter
Girlfriend's Son
Girlfriend's Son
13. The relationship of defendant to the children is that of biological mother.
14. The defendant currently resides with the children and the following persons:
Name Relationship
Tracy Tobin Huisband
15. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
16. Plaintiff has no information of a custody proceeding concerning the children pending in
a court of this Commonwealth.
17. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
18. The best interest and permanent welfare of the children will be
served by granting the relief requested because:
a. Plaintiff has been a stable and caring parent for the children since the parties separation and divorce
on or about June 2000.
b. Plaintiff has maintained a relationship with the children that have provided for the physical, intellectual.
emotional and spiritual well being of the children.
C. Plaintiff has maintained the children's contacts with half siblings, extended family and friends.
d. Defendant has made every attempt to thwart, diminish and interfere with plaintiff's relationship with the
children, to their detriment.
e. Since the parties divorce, defendant has insisted that she would level blame at plaintiff for perceived
marital wrongs and that she would make sure the children knew who "broke up their home."
f. Since the parties divorce, defendant has withheld plaintiff's custody of the children for matters
unrelated to the children's best interests. Specifically, based upon a dispute over the refinancing of the
marital residence, defendant and her husband refused custody of the children to plaintiff, and secreted
the whereabouts of the children.
g. Defendant's husband in at least two instances made unprovoked threats towards plaintiff, referred to
plaintiff and his family as "psychopaths" and made inappropriate sexual gestures in front of the
children."
h. Defendant has on at least one occasion, during father's period of physical custody attempted to
physically pull the youngest child away from plaintiff, which could have resulted in physical harm to
the child.
i. Defendant has engaged in a course of conduct whereby she has sought by falsehoods to diminish
plaintiff's reputation in the community. Such conduct has had and will continue to create negative
repercussions for the children and has forced father to seek legal counsel to institute trade
disparagement proceedings.
j. Defendant has refused to offer plaintiff make up time when the children are unable to visit due to
illness.
k. Defendant has solicited the children to attempt to change the custody schedule by involving them
directly in sending revised schedules to father. A true and correct copy of one such attempted schedule
change is attached hereto as Exhibit "A".
1. Defendant has circumvented father's parental authority by calling his girlfriend asking her to intervene
in schedule changes.
m. Defendant has repeatedly promised the children that they could attend events during father's periods of
partial custody with complete disregard for father's plans. Furthermore, she has setup a situation
whereby father is perceived as "the bad parent" for not conceding to said plans.
n. Defendant has sent the children to father's home in tom, disheveled clothing.
o. Defendant has sent the youngest child for visitation with father in urine saturated clothes.
p. Defendant has sent the children to father's house without feeding them any dinner.
q. Defendant and her husband on at least one occasion have used profanity in front of the children when
father was 10 minutes late to pick up the children. Statements such as "you're fucking late buddy' and
"this is bullshit " were uttered upon father's arrival.
r. The children's ability to participate in activities has been severely curtailed due to father's avoidance of
situations in which defendant has sought to turn such activities into a platform for addressing perceived
marital wrongs.
s. Father believes that defendant will not be reasonable in setting aside past disputes for the interests of the
children.
t. Father believes that court intervention is therefore necessary to reduce conflicts.
19. Each parent whose parental rights to the children have not been terminated and the person
who has physical custody of the children have been named as parties to this action. All other persons.
named who are known to have or claim a right to custody or visitation of the children will be given notice of
the pendency of this action and the right to intervene:
Name
NONE
Address Basis of Claim
WHEREFORE, plaintiff, Lee E. Oesterling, requests the court to grant him custody of the child.
Respectfully Submitted,
In Pro Personam
VERIFICATION
I verify that upon personal knowledge or information and belief that the statements made in this
Complaint are true and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. § 4904, relating to unswom f ca authorities.
Lee E. Oesterling,
Date:
Attorney I.D.# 71320
20 South Market Street
Mechanicsburg, PA 17055
(717) 790-0490
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fD K
LEE E. OESTERLING IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA
V.
WENDY J. TOBIN 01-2451 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW. Thursday May 03 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,
39 West Main Street Mechanicsburg, PA 17055 on Thursday May 31 2001 at 9:00 s.m.
at
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 Slk1, OP
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
'000?w41?
'a'N jIlVI NN7d
LEE E. OESTERLING, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CO., PENNSYLVANIA
WENDY J. TOBIN,
Defendant
NO.01-2451
CIVIL ACTION - LAW
IN CUSTODY
DEFENDANT'S ANSWER AND COUNTERCLAIM
TO COMPLAINT FOR CUSTODY
AND NOW, comes Defendant, Wendy J. Tobin, by and through her counsel, Reager
& Adler, PC and files the following Answer and Counterclaim:
1. Admitted.
2. Admitted.
3. Admitted in part; denied in part. It is admitted that the parties' names, addresses and
dates of birth are correct. The remainder of this averment is a legal conclusion to which no
responsive pleading is required.
4. Admitted.
5. Admitted. By way of further answer, said custody arrangement is outlined in the
parties' Marital Settlement Agreement attached hereto as Exhibit "A".
6. Denied. The children resided with Plaintiff and Defendant until January 2000. The
children resided with Defendant only from January 2000 - March 2000. The remainder of the
averment is admitted.
7. Admitted.
8. Admitted. By way of further answer, Defendant is marred to Tracey Tobin.
9. Admitted.
10. Admitted. However, father resides with his girlfriend, daughter, and his girlfriend's
children from a previous relationship.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted.
18. Denied.
a. Denied. While it is not disputed that Plaintiff cares for his children, some of
his behavior calls into question his stability.
b. Denied. Pursuant to the custodial arrangement outlined in the parties' Marital
Settlement Agreement, Plaintiff has maintained a relationship with the children. However,
based on Plaintiffs behavior, his provision for the physical and emotional well-being of the
children is called into question.
c. Admitted. Both parties have maintained the children's contacts with extended
families.
d. Denied. It is denied that Defendant has attempted to thwart, diminish or
interfere with Plaintiffs relationship with the children. By way of further answer, it is Plaintiffs
vexatious behavior that calls into question his stability as a parent and impacts his relationship
-2-
with his children. By way of additional further answer, Defendant has never denied Plaintiff
visitation and has been more than willing to work around Plaintiffs schedule to accommodate
his partial custody schedule. Plaintiff has, on several occasions, failed to present himself for his
custodial periods, repeatedly arrived late for custody exchanges, and refused to follow
agreements regarding the return of the children. His vexatious behavior has resulted in the
parties' exchanging the children at a police station.
e. Denied. It is denied that Defendant has sought to level blame against Plaintiff.
By way of further answer, Defendant has moved on with her life, has remarried, and is thankful
that her prior relationship with Plaintiff has ended.
f. Denied. Plaintiff has never been denied visitation with his children and
Defendant has been more than willing to accommodate Plaintiffs schedule. In the example
mentioned, Plaintiff never appeared at Defendant's home to pick up the children, and it was,
in fact, Plaintiffs anger regarding the refinance and not Defendant's that caused problems in
this regard. Due to Plaintiffs failure to appear for his custodial period, the parties' daughter,
Heather, was taken to her soccer practice. Plaintiff arrived at the soccer field 20 minutes after
the scheduled custodial exchange and a confrontation ensued as further described.
g. Denied. It is specifically denied that Defendant's husband has made
unprovoked threats toward Plaintiff. To the contrary, in the instance above referenced, Plaintiff
arrived at Heather's soccer practice and began threatening Defendant's husband. Defendant's
husband had previously requested that Plaintiff stop threatening him. It is Plaintiff who left
obscenities on Defendant's answering machine, and who specifically informed Defendant's
husband that "you don't know how bad your life will get." At the above described incident,
Plaintiff was unable to control his anger and physically grabbed Heather's arm and dragged her
-3-
away from practice. When Defendant's husband attempted to leave the soccer field, Plaintiff
blocked him in with his van and began banging on the vehicle, spitting at the vehicle and at
Defendant's husband, and tried to open the door to Defendant's husband's car. It was after this
incident, based on a report to the Upper Allen Police Department, that the suggestion was made
to exchange the children at the police station. It is specifically denied that Defendant's husband
has ever called Plaintiffs family "psychopath" or ever made an inappropriate sexual gesture in
front of the children. Instead, it is Plaintiffs actions that have precipitated the need to exchange
the children at the police station.
h. Denied. It is specifically denied that Defendant has physically pulled a child
from Plaintiff. See answer 18(g).
i. Denied. It is specifically denied that Defendant has engaged in a course of
conduct which has diminished Plaintiffs reputation in the community. It is Plaintiffs actions
themselves, including his extra-marital affair, the birth of his illegitimate child during the course
of his marriage, and his outbursts at the children's extracurricular activities which may have
harmed Plaintiffs reputation. This conduct is not a result of any action taken by Defendant and
to seek to blame Defendant for Plaintiffs irresponsible conduct is ludicrous. The remainder of
this allegation is inferred as some sort of legal threat to which no responsive pleading is
required. By way of further answer, Defendant is an at-home care giver and has little contact
with any individual who would affect Plaintiffs reputation in the community. In fact,
Defendant has referred friends to Plaintiff for bankruptcy services.
j. Denied. It is denied that Defendant has refused to work around Plaintiffs
schedule. Often times, Plaintiff has varied days and weekend schedules without any problem
from Defendant. Byway of further answer, on March 12, 2001, Plaintiffs 6-year old son was
-4-
sick and stayed at home instead of visiting with Plaintiff. Plaintiff requested additional time
with his son the following Friday, but never contacted Defendant to establish this visit.
k. Denied. It is specifically denied that Defendant has solicited the children to
send revised schedules to their father. To the contrary, Defendant has always encouraged the
children to express their feelings and concerns to their father, his girlfriend, stepfather and to
her. Further, the importance of the custodial schedule has been stressed with the children. The
parties' oldest child is uncomfortable in discussing her concerns with Plaintiff as on the one
occasion she attempted to talk about her discomfort in her visits with her father, he became
angry and sent her outside alone. Defendant will continue to encourage her children to attempt
to openly discuss their concerns with Plaintiff, but obviously has no control in regard to his
response.
1. Denied. It is specifically denied that Plaintiffs parental authority has been
circumvented. Instead, Defendant has made attempts to work with Plaintiffs girlfriend as she
has become an integral part in the children's lives. In response to this specific allegation, the
last contact between the two was as a result of an invitation issued directly from Plaintiffs
girlfriend to Defendant regarding a child's bingo event. The conversation was pleasant and at
no time was Plaintiff's parental authority circumvented, nor was Plaintiffs girlfriend requested
to intervene in any way. One would think that Plaintiff would encourage a positive relationship
between his ex-wife and his girlfriend.
m. Denied. The children are involved in extracurricular activities which may
overlap into Plaintiff s time. They likewise infringe on Defendant's time and it is in the
children's best interest to participate in such activities. By way of further answer, any time that
the children are invited to events not associated with extracurricular activities, such as birthday
-5-
parties, these events are reviewed with Plaintiff and he is given the final decision as to whether
or not he desires to take the children to these events. In fact, on certain occasions, the children
have attended these events and Defendant has provided transportation in order to assure that
Plaintiff receives some of his time. If it is Plaintiff's desire not to be given the option of whether
to agree to these events or not, the children can simply be told that all invitations involving his
time shall be denied. However, this circumvents the purpose of legal custody and a parent's
right to share in making these decisions.
n. Denied. It is denied that the children are sent to the father's home in tom and
disheveled clothing. By way of further answer, Defendant gave Plaintiff a box and several bags
of the children's clothing so that he would have other clothes for the children at his home. In
addition, she sends the children in clothes each weekend and it is often her experience that the
children wear the same outfit all weekend.
Denied. The parties' youngest child is not completely potty trained.
Therefore, on occasions, his Pull-up/diaper shall leak. On April 24, 2001, such an instance
happened. Defendant pointed this instance out and asked that she be allowed to take the
children home because her youngest child had soaked through his Pull-up. This request
occurred at 7:25, five minutes prior to the scheduled custodial change. Plaintiff refused to allow
Defendant to take the children home because he had five more minutes with the children. This
is the only instance to which Defendant has any knowledge regarding urine-soaked clothing.
As a father of 4 children, we would assume that Plaintiff understands the difference between a
child who is potty trained and one who is not. At no time has Plaintiff been given the children
when they are urine-saturated or dirty in any way, and Defendant provides the utmost care for
her children.
-6-
p. Denied. Pursuant to the attached custody agreement, Defendant must feed
her children dinner before every weeknight visit. However, Plaintiff is expected to feed his
children dinner on Friday of the weekend he has the children. Defendant has never missed
feeding her children dinner and, in fact, provides them with a nutritional snack prior to the
weekend visitation with Plaintiff.
q. Denied. It is specifically denied that Defendant and her husband have used
profanity in front of the children. By way of further answer, Plaintiff has used phrases such as,
"this is fucking bullshit" several times in front of the minor children. In fact, at any time that
Plaintiff does not get his way, he is verbally abusive to Defendant and her husband, has called
her a "dirty low life", threatened to remove the children from her and threatened to go to court
all in the presence of the children.
r. Admitted in part; denied in part. It is admitted that the children's ability to
safely and happily participate in activities has been curtailed both due to their father's behavior
and his refusal to take them to scheduled practices and games. Specifically, on April 24, 2001,
the parties' child Andy had a t-ball game. Mother and her husband sat with other parents and
watched the game while Plaintiff spent time in the outfield. The game was over at 7:25 and
Defendant requested that she take the children home from the game due to her youngest child
being wet, as above described. Plaintiff responded angrily, "No, I have 5 minutes left and I'm
taking them with me." He then called Mother a borderline personality. Daniel and Andrew
indicated to their father that they wanted to return home with their mother. As the time was
now 7:30, Defendant followed him and asked that he return the children. Plaintiff then
responded by calling Defendant a "dirty low life" and threatening to remove the children from
her and to take her to court. (Please note that this petition was drafted and filed the day
-7-
following this incident.) Plaintiff grabbed his oldest son's hand and forcibly move him towards
his car. Defendant again requested that he return the children, at which time Plaintiff began
screaming and using obscenities. All three children were crying and screaming that they wanted
to return home with their mother. A friend of Defendant's approached Plaintiff and asked that
she be allowed to take the children to remove them from the scene. Plaintiff then began using
a stream of obscenities towards her. Plaintiff threatened the third party, yelled obscenities at
Defendant, and drove off with the parties' daughter in his van. The police were called and the
custodial exchange took place at the police station.
s. Denied. It is clear that Plaintiff is having trouble relinquishing control of
Defendant. He clearly has issues with controlling his anger, with exhibiting appropriate
behavior in public and with the children, and is clearly not acting in the best interest of the
children.
t. Admitted. Mother, too, believes that court intervention is necessary to reduce
conflicts and is requesting that a psychological evaluation be performed in this case to determine
the appropriateness of Plaintiffs behavior and the need for additional counseling, both
individual and family.
19. Admitted.
WHEREFORE, Defendant requests this Honorable Court to deny Plaintiffs petition
for custody.
COUNTERCLAIM
20. Paragraphs 1 through 19 are incorporated by reference herein.
-8-
21. Defendant seeks primary physical custody of her minor children, and requests that
a psychological evaluation be performed on all parties and the children.
WHEREFORE, Defendant respectfully requests this Honorable Court grant Defendant
primary physical custody of the parties' minor children and order psychological evaluations to
be conducted on all parties involved in this action.
Date:
Respectfully submitted,
REAGER & ADLER, PC
Esquire
2331 Market Street
Camp Hill, PA 17011
717-763-1383
Attorneys for Defendant
-9-
VERIFICATION
I, Wendy J. Tobin, verify that the statements made in the foregoing Answer and
Counterclaim are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unswom falsification to authorities.
Date:
Wen y . Tobin
SEPARATION AGREEMENT FOR LEE E. OESTERLING AND
WENDY J. OESTERLING
This Agreement is made this_ Day of. A rip 1 , 2000 at Mechanicsburg,
Pennsylvania, between Wendy J. Oesterling, referred to as the "Wife," currently residing at 1002
South Market Street, Mechanicsburg, PA 17055, and Lee E. Oesterling, referred to as the
"Husband," currently residing at 29 South Point Drive, Mechanicsburg. PA 17055. They are
collectively referred to as the "Parties."
ARTICLE I. RECITALS
Consideration
1.01. The consideration for this Agreement is the mutual benefit to be obtained by both Parties and
the mutual covenants and agreements of the Parties to each other.
Agreement Voluntary and Clearly Understood
1.02. Each Party to this Agreement acknowledges and declares that he or she, respectively:
(1) Has been advised by counsel but further desires to effectuate an amicable and
non-costly settlement of all matters relevant to the dissolution of their marriage.
(2) Is fully and completely informed of the facts relating to the subject matter of this Agreement
and of the rights and liabilities of the Parties.
(3) Enters into this agreement voluntarily.
(4) Has given careful and mature thought to the making of this Agreement.
(5) Has carefully read each provision of this Agreement.
(6) Fully and completely understands each provision of this Agreement, both as to subject matter
and legal effect.
Agreement Prepared Jointly by Both parties
1.03. This Agreement has been prepared by the joint efforts of the respective Pardee
n
l?"S
Finality of Agreement
1.04• (a) This Agreement shall be submitted to the Court of Common Pleas of Cameron County in
which the complaint of the Parties for divorce is now pending fbr its have accepted venue and jurisdiction. The Parties in tend this Ag emencrw beaiacoto which bod, iporatedmt and?es
merged with the final divorce decree
, and understand that the provisions contained in this Agreement
concerning spousal support, child support , custody of children, and visitation are to be subject to the
continuing jurisdiction of the Court of Common Pleas of Cumberland County.
herein, may The Parties agree that
these provisions, to the extent that they are not legally waived herein and subject to the provisions
Y be modified at any time on application of either Parry on a showing of changed
circumstances, and may be enforced in the manner of a divorce decree.
(b) Notwithstanding Paragraph 1.04(a), above, but subject to the terms of §9,01 herein,
(specifically, modification of child support), die Parties intend that the
the settlement of their property rights contained in this Agreettumt, as approved by the Court,
to be final and nonmodifiable other than by subsequent agreement provisions governing
provisions are intended t survive any court order or decree o??eand arest obe
enforceable as the independent contractual obligations of the Parties after the en
order or decree.
try of any such
Date of Marriage
1.05. The Parties were married on July 16°1 1988, at Southhampton, Pennsylvania, and ever since that
date have been, and are now, husband and wife.
Children of Parties
"06, The names, sexes. and dates of birth of the children of this marriage are
as follows: Heather
Erin Oesterling, female, 3-18-92; Andrew Lee Oesterling, male, 5-29-94 and Daniel John Oesterling,
male 10-17-97. The parties have no other issue, living or deceased, and have no adopted children.
Separation of Parties and Divorce Action
exist,
1.07. The Parties agree that no fault grounds for their divorce fr thnruct, and they desire to live separate and apart om e bo ds of
in the Court of Common Pleas of Cameron un the Parmony currently
. Cocomplaint for the divorce of the Parties has been
ry, Pennsylvania, and is now pending.
ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE
Settlement of Property
2.01. It is the purpose and intent of this A
obligations of the parties in all greement
they to settle forever and completely the imerests and own as marital property under the Pennsylrty Divorce CodepTidel23 n aonr4pem that would qualify
to in this Agreement as "marital property," as between themselves, their heirs (and assigns Ile ed
Parties have attempted to divide their marital property in a
standard, with due regard to the rights of each party.
follow' i°anne that conforms ro a just and fa
utg facts and circumstances: The length of the marriage, ivision is made in cons-
and occupational ir
background of the deratied educational
financial obligations each parties, the relative earning $e' the age of the parties, the educational
marital property is not intenparty ded b ll have separate and apa>m Potential of each other the parties and the relative
and the division is being effected wi houtatthhe constitute in The division of existing
constitudng a part of the marital estate. production of outside fundsaor other Propeerty ty assets, or of Property not
support of Spouse
2.02. Excepting husband's right to
Both parties waive commensurate alimony in accordance with §9 02 of this agreement
any interest in spousal support, alimony or alimony pendente lice and or counsel
Effective Date
2.03. This agreement shall become effective immediately as of the date of execution.
Agreement Contingent on Divorce
2.04• If the contemplated divorce is not granted within 12 months
Agreement is executed, the Agreement shall be null and void from the date oil which this
and of no further force and effect
Effect of Reconciliation
2.05. If after the divorce of the Parties is final, they reconcile and resume cohabitation, regardless
whether they subsequently remarry each other, this Agreement shall remain in full force and of
ARTICLE III. DISCLOSURES effect..
Warranty of Full Disclosure
3.01. Each Party represents and warrants
of all of his or her property inte that he or she has made a full
Of all
rests of any nature includin and
fair disclosure to the other
security interest, represents that he or she encumbrance i, or restriction to which an g any mortgage
Y proa , Pledge, lien, charge,
any nature for which he or she mais curnll and fair disclosure to Prop e is s°bject. tly warrants Each p
and of
the other of all debts and ob ig trions
that he or she has not made any or may become liable. Each Part
Property without the prior consent of the othergr No representation for in'adequateY further represents
Agreement or in any writing furnished pursuant to this A by either a of marital
material fact, or omits Presentation or warren
any material fact required Agreement cons an warranty
untrue airier Party o this
further warrants th at the to make the statement tainnot misleading. statement pa party a
possession during they shall mamtam and not harm any property of the other which it
reimbursed by the the responsible pendency or after the divorce. Accordingly Each party
Party at replacement value. any remains in h damage to such Property will be
Additional Warranties by the Parties
3.02 The warrant that as of the date of this Agreement, neither Party has:
(1) Incurred any obligations or liabilities except current liabilities incurred in the ordinary
course of business.
(2) Mortgaged or encumbered any marital Property, tangible or intangible.
(3) Cancelled any debt or claim or sold or transferred any marital Property, except sales out of
inventory in the ordinary course of business.
(4) Suffered any damage destruction, or loss, whether or not covered by insurance, affecting
marital property, business, or prospects, or waived any jointly held right of substantial value.
(5) Entered into any transaction in any way related to any marital property other than in the
ordinary course of business.
there has been no event or change in condition, financial or other- wise, materially affecting the value
of any marital property, other than changes in the ordinary course of business.
Access to Tax Returns
3.03. Each Parry acknowledges that, to the extent desired,
separate state and federal tax returns filed he or she has had access to all joint and
by or on behalf of either or both Parties during marriage.
Litigation
3.04. There are no actions or proceedings pending against either Parry or involving any marital
Property at law or in equity, or before any federal, state, municipal, or other goveenl by.
od
Neither Party is aware of any facts that might result in any action, suit, or p rnm roceeding ta against either
Parry or against any marital property. Neither Parry is in default
of any court or of any governmental body, and no with respect to any order against
or
decree
marital property is liable for the payment
obligation by order or decree of any court or governmental body.
y
an
Tax Return Filings
All federal, state, and local tax
feder
federal, returns required to be filed by the Parties have been filed, and all
have state, and local taxes required to be paid with respect m the periods covered by the returns
been paid. Neither Party has been delinquent in the payment of any tax, assessment, or
governmental charge. Neither Parry has had any tax deficiency proposed or assessed against him or
her, nor has executed any waiver of the statute of limitations on the assessment or collection of any
tax. The tax payment for 1999 shall be made by husband
Title to Properties and Assets
3.06. All marital property, and that subsequently acquired, has good and marketable tide. No marital
property is subject to any mortgage, encumbrance, or restriction, except as disclosed herein.
ARTICLE IV. CONFIRMATION OF SEPARATE PROPERTY
AND SEPARATE DEBTS
Husband's Separate property
4.01. The Parties confirm that the following property is, at all times during marriage wMarkas, and shall
after divorce remain, the separate property of Husband: (See attached Memorandum ed Exhibit
"A"). The Parties further confirm that any income from and increases in value in this separate
property that accrued during marriage were solely due to reasons wholly independent from any
contribution made by Wife, and that this income and appreciation in value is the separate property of
Husband.
Wife's Separate Property
4.02. The Parties confirm that the following property, is, at all times during marriage was, and shall
after divorce remain, the separate property of Wife: (See attached Memorandum Marked Exhibit "A"),
The Parties further confirm that any income from and increases in value in this separate property that
accrued during marriage were solely due to reasons wholly independent from any contribution made
by Husband, and that this income and appreciation in value is the separate property of Wife.
Separate Property of Husband With Marital interest
4.03. The Parties confirm that the following property is, at all times during marriage was, and shall
after divorce remain, the separate property of Husband: Franklin Templeton Individual Retirement
Account. The parties agree to waive distribution of the marital interest of this retirement account in
consideration of the distribution of all assets and liabilities that they have effectuated herein.
Separate Property of Wife With Marital interest
4.04. The parties confirm that the following property is, at all times during marriage was, and shall
after divorce remain, the separate property of Wife: Washington Mutual Fund Roth IRA. The part
agree to waive distribution of the marital interest of this retirement account in consideration of the
distribution of all assets and liabilities that they have effectuated herein.
Release of interest in Separate Property
4.05. Except as set forth in paragraphs 4.03 and 4.04,,each Parry interest in the separate property of the other as se whether the interest
t forth ' releases forever any claim interest might
arise incident to the marital relationship or otherwise. in this Article N, to or
Separate Debts of Husband
4.06• The Parties confirm that the following debts and obligations after divorce shall remain, the
separate debts of Husband: All Graduate Loan Debts incurred as a result of Husband's attendance and
completion of Law School and identified by his SS# 196-54-9215, Citibank Mastercard
lf54241 8047 1 9 1 1229, all bills incidental to ownership and use of 1989 Ford Bronco II.
Separate Debts of Wife
4.07. The parties confirm that the following debts the separate debts of Wife: Magazine subscriptions, mortgage to York Federal; all debts incidemal ro
g and obligations are, and after divor c e sh all re in
ma,
occupancy and use of the marital residence including but not limited
improvements and upkeep: all bills incidental to ownership and use om 1995 maintenance, maiFordntenance. repairs
,
Aerostat Van
Indemnity for Separate Debts
4.08. Each Party agrees to pay his or her separate debts as set forth in Paragraphs 4,06 and
4.07 of this Agreement.
accoun Each agrees to hold the ocher harmless from any and all liability on
t of these separate debts and obligations. If any claim, action, or proceeding seeking to
hold the other Parry liable on account of these debts and obligations , the
responsible Party will at his or her sole expense defend the other PmtY, and indemnify the
other Parry against any loss that he or she incurs as a result of the is instituted
proceeding. claim, action, or
Release of Interest in After-Acquired Property
4.09. All property, income, earnings,
date of this Agreement shall be the sepa yte assets acquired by either Party property the owner Parry
releases any interest in the separate , and each Party Other. specifically
Exemption From Equitable Distribution
4.10. Except as set forth in paragraphs 4.03 and 4,04
of separate property during of this Article conceitria
appreciation separate Othe Parties acknowledge that the existence of andvalue
property and the existence of and amount of all separate debts as set forth '
value of all
not considered in determining the division of the marita P
l roperry of the Parries as set
forth in Article this Article were
V of this Agreement or the allocation of the joint debts of the parties as set forth in
in Article VI.
ARTICLE V. DIVISION OF MARITAL PROPERTy
Marital Property
5.01. All marital property of the Parties subject to division in this Article is set forth herein or as pan
Of Exhibit "A" and incorporated by reference
Property to Wife
5.02. Wife shall receive from the marital property, to own and en ro e
following described properties, rights, and joy as her separate
interests: 1995 Ford Aerostat and all
otherwise provided for herein or listed on exhibit "A" as Husband's. other P P try, the
property not
Property to Husband
5.03. Husband shall receive from the marital Proper
following described properties, rights, and interests:?9g9 Ford Bron ooIIaand all
separate
roperty,
provided for herein or listed on exhibit `q" as Husband's. other the
property
Disposition of Real Property
5.04 in regard to the marital residence at 1002 South Market Street the parties agree as follows:
1. For the purpose of settlement and compromise, the agreed upon fair market value as of February
31, 2000 is $120,000.00;
2. It is agreed by the parties that Husband shall receive 4096 of the equity as of February 31, 2000 as
measured by the principal less the fair market value;
3. It is agreed by the parties in accordance with the foreo' paragraph
in the residence without interest is $13,373.32, however, usband has agreed to discount tuhtis
amount to $11,787.00, q tY share
4. It is agreed that Wife shall not pay interest for any extended payment of Husband's equity.
5. It is further agreed that Husband shall retain ownership interest in fee simple absolute and Wife
shall have exclusive occupancy and shall also retain ownership interest in fee s
Wife shall not further encumber or transfer interest in the property unt Wife tots! share of equity. simple absolute.
9 tY Per §9.02 of this agreement, and removes
Husband's na a from any loan mortgage rtother liability for the debt ton said mars talsresidence.
Husband retains the right to demand refinancing or forced sale of the
unable or unwilling to meet the aforementioned conditions no later than May 1, 2
be in default at an property should Wife be
list and right to yti thce. a mon the arital mortgage, hband shall have a unilateral right of ? Should Wife
Furthermore, Wife agrees that should she be intdefault
on the mortgage, that she will within 120 hours of the declared default execute a power of attorney
in favor of husband and giving Husband the right to convey the property intent of the parties that the aforementioned conditions be strictly construed her behalf. It is the
an
essence to said conditions. All constructions shall favor a result hich maintainthat time be of the
Husbands to the marital residence in fee simple absolute. Accordingly, Husband will not be required to
transfer title of the property until the aforementioned conditions are me[.
Sale of Property
5.05. The following property shall be sold as soon as possible and the proceeds from the sale, after
Payment of all liens, encumbrances, and costs of sale, shall be divided equally between the Parties:
None
Assumption of Encumbrances and Indemnity
5,06• Each Parry assumes all encumbrances and liens on all of the property transferred to him or her
Pursuant to this Agreement or all property in which that parry has exclusive posse
Each Parry agrees to indemnify and hold the other party harmless ssion or occupancy,
from any claim or liability that the
other Parry may incur because of any encumbrances or liens. If any claim, action
seeking , or proceeding
to hold the other Parry liable on account of any lien or encumbrance is instituted, the
responsible Party will at his or her sole expense defend the other Party, and indemnify, the other Parry
against any loss that he or she incurs as a result of the claim, action, or proceeding.
Property Insurance
5.07. All insurance on property transferred pursuant to this Agreement is assigned to the party,
receiving or occupying the property, and Payment of the insurance premiums
be the sole responsibility of the Party to whom the insurance is assigned. from this date on shall
ARTICLE VI. PAYMENT OF DEBTS AND OBLIGATIONS
Joint Debts
6.01. Wife shall remain responsible for the mortgage to York Federal and all other costs incidental to
her ownership and occupancy of the marital residence including, but not limited to
repairs and upkeep.
maintenance,
Debts to Re Paid
6.02. The following unsecured debts shall be paid as follows: Citibank Visa to be paid by Husband
Assumptions by Husband
6.03. Husband agrees to pay and to hold wife harmless on any debts and which he has
assumed under this agreement. If any cla obligations
im or action is initiated seeking to hold any of
these debts or obligations, Husband will, at his sole expense, defend Wife against the Wife claim liable or for action,
and indemnify her against any loss resulting from the proceeding.
Assumptions by Wife
6.04. Wife agrees to pay and to hold Husband harmless on any debts which she has as
this agreement. If any claim or action is initiated seeking to hold Husband liable for these debts or
obligations, Wife will, at her sole expense, defend Husband against the claim or action,
him against any loss resulting from the proceeding.
d ind mnify
Subsequent Debts
6.05. Each Party agrees to pay and to hold the other Party harmless from any and all personal bts
and obligations incurred by him or her from the date of this Agreement. If any claim, action, de
proceeding seeking to hold the other Party liable on account of any
r
instituted, the responsible Party will at his or her sole expense defend the other Pa
indemnify the other Parry against any loss that he or she incurs as a result future of debt the or obligation is
Proceeding, ny claimagainst it, and
, action, or
ARTICLE VII. SPOUSAL SUPPORT / ALIMONY AND APL
Purpose and Intent of Article
Except outlined in section 9.02 of , th
Neither is agreement it is the mutual desire of the Parties that
respective Neither party shall
rights h hall tu pay samespousal support, ali limony or alimony pendenre lite and both parties waive their
.
ARTICLE VIII. CUSTODY AND VISITATION OF CHILDREN
Custody
subject the further order
s The Parties have given serious consideration to the future welfare of their childshallren andshareaglegalree,
and of t Courtof Common Pleas, that Husband and Wife physical custody and controlheof the minor children of the marriage. The parties further agree that
it is in the best interests of their children to maximize the children' contact with both parents.
Visitation
8.02. Wife shall have primary physical custody subject to Husband's reasonable rights to visitation /
partial custody, which shall be as follows:
(a) Husband shall be entitled to exercise visitation with the children on alternate weekends
between the hours of 5 P.M., Friday evening and 7 P.M., Sunday evening, commencing on
a Friday to be picked by the parties at final separation.
(b) Both parties shall be entitled to exercise visitation with the children each year for 2 uninterrupted /
nonconsecutive weeks during the period from the first day of June until the twentieth day of August.
Each shall reserve the right to select the specific days and agrees to notify the other of the days
selected at least 1 month prior to the commencement of the period. Each agrees that whatever
arrangements are made for the children's activities during the period designated above shall not
interfere with the rights of Eh other under this clause.
(c) Both shall be entitled to exercise visitation with the children on the following holidays between the
hours of 10 A.M. and 7 P.M.:. Easter, Memorial Day, Fourth of July, & Labor Day, alternating,
starting with Wife in year 2000: Easter & 4h of July, Husband: Memorial Day & Labor Day.
(d) Husband shall exercise visitation with the children during alternate Thanksgiving school vacations,
commencing with Thanksgiving 1999.
(e) The Parties shall exercise alternate visitation with the children on Christmas Eve from 5:00 p.m. to
12:00 p.m Christmas Day and Christmas Day from 12:00 p.m. to 12:00 p.m. on Dercember 26'". The
schedule shall begin with Wife having Christmas Eve in the year 2000.
(f) Husband may also visit the children at any time that may be mutually arranged and agreed to by the
Parties.
(g) Husband may also visit the children every Tuesday and 'T'hursday after his weekend and every
Wednesday before his weekend between the hours of 5:30pm and 7:30pm. Unless otherwise agreed,
Wife shall remain responsible for feeding the children.
(h) Neither parry will schedule activities with the children during the other parties periods of custody
without first obtaining the consent of the other party.
Expenses
8.03. During all periods of visitation, and except as otherwise provided herein, Husband shall assume
all expenses for the children's support and maintenance.
No Waiver
8.04. Should Husband be unable to exercise visitation on any particular occasion, be shall notify Wife
a reasonable amount of time before the time for visitation. Any inability or other failure to exercise
visitation shall not be considered a waiver of any right to visitation as set forth this Article.
However, Should Husband regularly fail to exercise visitation rights during any period, he shall give
reasonable notice before again exercising visitation rights during that period.
ARTICLE IX. CHILD SUPPORT
Regular Payments
9.01. Husband shall pay m Wife for the support, maintenance, and education of their minor children,
the sum of $ 791.00 each month.
March Payment shall be made first day of every month, comm
1, 2000. The Parries agree that this amount is reasonable and sufficient for the needs o
f
of the children and is based en the financial ability of Husband to pay support The obligation of
Husband to make these payments encingeaocnh
nts sha11 terminate as to each child who dies, reaches the age of majority
defined as 18 years, is married, or is otherwise emancipated, whichever of these events occurs first.
Notwithstanding any caselaw or interpretation of the doctrines of merger or incorporation, the parties
further agree that this payment is not in anyway to be construed as a minimum obligation and that the
base level of support may be modified upward or downward in accordance with the support guidelines.
The parties agree to reevaluate the guidline support amount every May 1; commencing May 1, 2001
and adjust the equity payout, if necessary , in accordance with the revised calculations. Husband shall
provide wife with a monthly record of any balance due on the hereinafter mentioned offset.
Husband's Offset against Equity Owed and Commensurate Alimony
9.02 Beginning on April 1, 2000, Husband's child support payment shall be reduced by $391.00 to
$400.00 per month for a period of 26 months. This will act as an offset of $10 o
owed to husband in accordance with section 5.04 which deals with disposition of,real166pro.00perfthe equity
ty.
Accordingly, at the expiration of 26 months, wife's balance due husband will be $1,621.00 The parties
intending to effect a mutual agreement which keeps their children in their familiar surroundings and
does not place a harsh burden upon wife to refinance or sell the marital residence further agree as
follows:
1. Should wife seek collection of child support through domestic relations, and should an order be
entered at guideline amount,
husband $391.00 per month Wife agrees to the entry of a reciprocal order in which wife pays
in alimony or alternatively wife shall be considered in default of this
agreement and wife shall enter a consent judgment for Husband in the amount of $391.00 per
month for the balance of the 26 month period in the Court of Common Pleas, Wife shall have
upon the presentation of substantial evidence, a counterclaim or offset for non-payment of support.
Said alimony would be effective from the date of filing with DRO drrough to and including May 1,
2002. Said alimony would not act to relieve wife from the lump sum balance of $1,621.00 due in
May 2002.
Medical Dental and Life Insurance
9.03. During any period of employment of either Party for which benefits in the form of medical,
dental, or other health insurance are provided, the employed Patty, or both Parties if both are so
employed, shall maintain the children of the marriage as covered dependents under the insurance
program. Should there be at any time no insurance providing coverage to the children. Husband shall
obtain and maintain in full force and effect a policy of medical insurance for the children. This
provision shall not be construed so as to preclude husband from seeking government funded benefits or
any other source. Husband shall continue to maintain a life insurance policy with at least $150,000.00
in death benefits with the children as named beneficiaries until the youngest reaches age 18.
Uninsured Medical and Dental Expenses
9.04. Husband and wife shall pay all necessary and non-elective or cosmetic, medical, dental, surgical,
and hospital expenses not covered by insurance 5096 each. Wife shall promptly forward all statements
and bills to Husband for payment in accordance with the obligation as defined in this Paragraph.
Payment is to be made by Husband directly to the physician, dentist, surgeon, or medical facility that
has rendered health care to any minor child. Payments under this section shall terminate as to each
child who attains the age of majority defined as 18 years, marries, or is otherwise emancipated,
whichever of these events occurs first.
Survival of Obligation
9.05. The Parties agree that the obligation of Husband under this Article shall survive his death and
shall constitute a charge on his estate.
Dependency Exemption
9.06. The Parties agree each shall be entitled to list the following children as dependents under
Internal Revenue Code Sections 151 and 152 on his/her tax return for the fallowing years: even rY
years through to each child's 18'" birthday, Wife will have Heather & Daniel, with Husband having
Heather & Daniel in odd numbered years. The Parties further agree that wife shall be entitled to list
the following child (Andrew) as dependent under Internal Revenue Code Sections 151 and 152 on Her
tax return in odd years with husband having even numbered years for the following years: 2000
through his eighteenth birthday. To allow Husband to claim the dependency exemption under this
Paragraph, wife agrees to execute and deliver to Husband any written declarations required by Internal
Revenue Code Section 152(e)(2) and any regulations promulgated pursuant to that section. The
declaration shall be delivered to Husband within 30 days before He is required to file his tax return for
the taxable year in which die dependency exemption is claimed.
ARTICLE X. TAXES OF HUSBAND AND WIFE
Tax Deficiencies and Refunds for Prior years
10.01. It is agreed that Husband and Wife shall be solely liable for and
from any and all deficiencies in state and federal income taxes, including penalties and interest, related
to the joint income tax returns of the shall pay without contribution
refund due the Parties for chose years. Parties for all years prior to 2000, Husband shall pay any and all costs of defe dingtthe Parties
in films say asserted deficiencies, or of prosecuting any refund claim Wife agrees to cooperate fully
and power otsadrneyessary pleadings and documents, including protests, petitions, refu d claims,
Tax Returns for Year of Divorce
10.02. Each Party shall file a separate return for the year 2000 and shall be solely responsible for the
payment of his or her own taxes as reflected by the tax returns, however, wife shall be entitled to the
interest deduction for the marital residence. Each Party agrees to continue ,
records, tax returns, journals, ledgers, and any other bookkeep to make all books
nature available to the other at any time ing
or financial information of any
after the judgment of divorce. Each pa
consult with the accountants or tax counsel of the other for the rty shall necessary for the preparation and filing of any tax return.
Purpose of gathering any information
agree permitted by law, all deductions and tax credits for 2000 ?t accrued durin g that,
the , to existence the
marriage shall be divided equally between them on their state and federal income tax returnsnt
of
Tax on Dispositions
10.03. Each Pam agrees to bear his or her respective share of the income
tax consequences resulting
from the sale or disposition of property to third parties pursuant to this Agreement.
ARTICLE XI. GENERAL PROVISIONS
Release of All Claims Agree
, each otherlfrom alt chums ec'flc
during the ?' to this Agreement releases the
li bilities forth debts, bligat ions and causes of action that have
g marriage between the Parties. been incurred
General Duty to Indemnify
11.02. Each party represents and warrants to the other that he or she has not incurred any debt,
obligation, or other liability , other than those described in this Agreement, on which the other Parry is
or may be liable. Each Pare, covenants that if any claim, action, or proceeding is initiated seeking to
hold the other Parry liable for any debt, obligation, liability, act, or omission related to the marriage
of the Parties for which that Party is responsible under the terms of this Agreement, the responsible
Parry will, at his or her sole expense, defend the other against the claim or action. In addition, each
Parry covenants that he or she will indemnify and hold harmless the other Party with respect to all
damages resulting from the proceeding.
Damages, as used in this agreement, shall include any loss cost, or other liability without
limitation that results from the prosecution of any claim, act ,
ion, or demand. Damages shall
also include reasonable attorneys fees and other expenses incurred a the investigation or in
the attempt to avoid the litigation or in
must result enforcing any indettuti
from any inaccurate representation made by or on behalf addition ither mises,
obligations made p the damages
other in or pursuant to this Agreement, or from a breach of any of the covenant to the
or by or incurred by either P
Parry agrees to give the other prompt written not ce in or of pursuant to claim ore litigation that is
threatened or instituted against him or her and that might constitu te the basis of a claim for
indemnity pursuant to the terms of this Paragraph.
Credit Cards and Accounts
11.03. All existing charge accounts and credit cards in the names of Husband and Wife, or in the
name of either of them under which the other may be extended credit for purchases,
surrendered to their issuer as of the effective date of this Agreement. shall be closed or
Right to Live Separately and Free From Interference
11.04. The parties shall live separate and apart from each other, and neither Parry shall interfere with
the other Party in any respect.
activity as he or she may Each Party may carry on and engage in any employment or other
deem desirable for his or her sole use and benefit. Neither Party
by the re with the use, ownership, or disposition of any property now owned or sub
by the other. sequentlyailacquired
Acts prior to Entry of Divorce Decree
11.05. Each parry agrees that from the date of execution of this Agreement through the date of entry
of the divorce decree neither will dispose of any marital roe
business, without the written consent of the other. Neither shall enter into ntY a the ordin transaction ary or perform
course of
any act that would constitute a breach of the representations, warranties. or promises contained in this
Agreement. Each Parry will afford to the other or their representative, reasonable access, during
normal business hours, to die books and records of all marital property, and will cooperate in their
examination. No examination, however, shall constitute a waiver or relinquishment by either of the
right to rely on the covenants, representations, and warranties of the other as provided in this
Agreement. Each agrees to hold in confidence all information so obtained, and andoc
instrument obtained pursuant to this paragraph shall be held on an express trust for and on behalf of
the other. Y omen[ or
Nature and Survival of Representations and Warranties
11.06. All statements of fact contained in any document delivered by either Party to the information or reliance pursuant to this Agreement shall be considered representations and warranties
under this Agreement All representations and warranties of the Parties shall survive the en other for
divorce decree.
try of the
Records of Marital property
11.07. For a period of six years following the date of entry of the divorce decree, the books of
account and records of all marital property pertaining to all periods during marriage and prior to the
date of entry of the divorce decree shall be available for reasonable inspection by either Party or their
representative for use in connection with any lawful purpose.
Waiver of Rights to Other Party's Estate
11.08. Each Parry waives any and all of the following rights:
(1) To inherit any Part of the estate of the other at his or her death.
(Z) To receive property from the estate of the other by bequest or devise, except under a will or
codicil dated subsequent to the effective date of this Agreement.
(3) To act as a personal representative of the estate of the other on intestacy.
(4) To act as an executor under the will of the other, unless nominated by a will or codicil dated
subsequent to the effective date of this Agreement.
Manner of Payments and Notice
11.09. All payments and notices provided for in this Agreement shall be considered properly and
timely made if deposited in the United States mail in an envelope bearing adequate postage and
addressed be to
designated the
in this Agreement, or at any other address that may
in reciwriting,pient at on the address specifi ed or before the date provided for in this Agreement.
Execution of Other Documents
11.10. Each of the Parties shall on demand execute and deliver any document and do any act that may
be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party
fails on demand to comply with this provision, that Party shall pay to the other all attorneys' fees,
costs, and other expenses reasonably incurred as a result of the failure.
In witness of this Agreement, Elie Parties set their hands and affix their seals on the date and
year written above, with the intent to be legally bound.
Wend
Lee E.
Witnes
Witnes
EXHIBIT "A"
Item's Currently In Wendy's Possession to be taken by Lee
1. Cherry Bedroom Set consisting of one (1) armoire, 1 Queen Anne dresser and mirror and one bed
side table all items in
very good condition and intact with damage (i.e., minor dents in
bottom drawer of armoire and minor dent in surface of dre minimal sser) at the time of separation.
2. Queen Size Brass Headboard, Footboard and bed frame in
separation good condition all parts intact at time of
.
3. Stereo System consisting of Onkyo speakers, tape deck, turntable, equalizer, amplifier and CD
Player
4. Roland Drum machine, guitar effects, amplifier, cords, microphone and 2 flutes
5. Books and various music CD's
6. Some men's clothing in basement closet.
All other property that is marital and not otherwise listed shall remain in possession of wife
Fife sh?tl maintain the property in good condition and make reasonable efforts to
and i hip removal of the property from the marital residence.
r , iT : s
Lee E.
Wendy 7. UdktffHng
LEE E. OESTERLING, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CO., PENNSYLVANIA
NO. 01-2451
CIVIL ACTION - LAW
WENDY J. TOBIN, IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Debra Denison Cantor, Esquire, do hereby certify that on this date I served the
foregoing Answer by depositing a true and correct copy thereof in the United States mail, first
class, postage prepaid, addressed as follows:
Judith A. Callcin, Esquire
2201 North Second Street
Harrisburg, PA 17110
Date:% Z C' 1
yoklKson Can r, Esquire
LEE E. OESTERLING, : IN THE COURT OF COMMCN PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 01-2451 CIVIL TERM
WENDY J. TOBIN, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
consideration
and directed
AND
NOW, this Y` day of
of the attached Custody Concili tion Report, t
as follows:
2001, upon
is ordered
1. The parties shall engage in a course of joint counseling/mediation
with Deborah L. Salem or other professional selected by agreement of the
parties and counsel. The purpose of the counseling shall be to assist the
parties in establishing sufficient communication and cooperation to enable
them to effectively coparent their Children. The purpose of the mediation
shall be to assist the parties in developing joint decision making skills
and to address specific issues currently in conflict. The parties shall
follow the recommendations of the counselor/mediator with regard to the
duration and frequency of the sessions. The parties shall also obtain
recommendations with respect to the need for counseling for any or all of
the Children. The parties shall equally share all costs of the
counseling/mediation which are not covered by insurance.
2. The Father, Lee E. Ceaterling, and the Mother, Wendy J. Tobin,
shall have shared legal custody of Heather E. Oesterling, born march 18,
1992, Andrew L. Cesterling, born May 29, 1994, and Daniel J. Cesterling,
born October 17, 1997. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not
limited to, all decisions regarding their health, education and religion.
3. The Mother shall have primary physical custody of the Children.
4. During the summer school break in 2001, the Father shall have
partial physical custody of the Children an alternating weekends from
Friday at 7:00 p.m. through Sunday at 8:30 p.m. In addition, the Father
shall have custody every week from Tuesday at 5:30 p.m. through Wednesday
at 8:00 a.m. and on Thursday from 5:30 p.m. through Friday at 8:00 a.m.
All custody exchanges shall take place at the gas station parking area at
the Giant grocery store, Cumberland Parkway, Mechanicsburg, except as
provided below.
Upon providing at least 24 hours advance notice to the mother, the
Father may arrange for Paula Camplese to transport the Children for the
exchanges on Wednesday and Friday mornings directly to the Mother's
residence at 9:00 a.m. In the event such arrangements are made and
appropriate notice provided, Ms. Camplese shall remain in her vehicle
during the exchange of custody and shall strictly adhere to the 9:00 a.m.
exchange time.
5. Each party shall be entitled to have custody of the Children
during the summer for two non-consecutive (unless agreed otherwise) weeks
upon providing at least 30 days advance notice to the other party. The
parties shall cooperate in permitting vacation periods to run consecutively
when reasonable to permit long distance travel. The Mother's first week of
vacation, for which she has provided notice, shall run from June 16, 2001
through June 23, 2001.
6. The parties agree to continue their efforts to establish an
ongoing school year custody schedule through the mediation process.
Counsel for the parties may contact the Conciliator to schedule an
additional Custody Conciliation Conference prior to the beginning of the
2001-2002 school year, if necessary.
7. 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 COURT,
/Y J.
cc: Judith A. Calkin, Esquire - counsel oFather
Debra D. Cantor, Esquire - Counsel for Mother
zotg-o I t'?X3
VINdAMNN9d
(I 11!;7 is-iiflf IC
AW .111-: k.
Jam. _-..
LEE E. OESTERLING, : IN THE COURT OF COMMCN PLEAS OF
Plaintiff : CUMBERLAND COUNTS, PENNSYLVANIA
vs. NO. 01-2451 CIVIL TERM
WENDY J. TOBIN, CIVIL ACTION - LAW
Defendant IN CUSTODY
C[Sll]S YY CONCILIATICK S0109 M RBPCRT
IN ACCORDANCE WITH C[! COMM RULB OF CIVIL PI1DC 8D=
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:
NM DATE OF Bnm CORRENT y IN CUST= OF
Heather E. Oesterling March 18, 1992 Mother
Andrew L. Oesterling May 29, 1994 Mother
Daniel J. Oesterling October 17, 1997 Mother
2. A Custody Conciliation Conference was held on May 31, 2001, with
the following individuals in attendance: The Father, Lee E. Oesterling,
with his counsel, Judith A. Calkin, Esquire, and the Mother, Wendy J.
Tobin, with her counsel, Debra D. Cantor, Esquire.
3. The parties agreed to entry of an order in the form as attached.
`/ "C1/ Li"
Date Dawn S. Sunday, Esquir
Custody Conciliator
LEE E. CESTERLING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 01-2451 CIVIL TERM
WENDY J. TOBIN, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COM
PR= auGE: Kevin A. Hess
AND NOW, this Z day of . 2001, upon
consideration of the attached Custody Cono>.143 Report. it is ordered
and directed as follows:
1. The parties shall engage in a curse of joint counseling/mediation
with Deborah L. Salem ar other professional selected by agreement of the
parties and counsel. The purpose of the counseling shall be to assist the
parties in establishing sufficient communication and cooperation to enable
them to effectively eoparent their Children. The purpose of the mediation
shall be to assist the parties in developing joint decision making skills
and to address specific issues currently in conflict. The parties shall
follow the recommendations of the counselor/mediator with regard to the
duration and frequency of the sessions. The parties shall also obtain
recommendations with respect to the need for counseling for any or all of
the Children. The parties shall equally share all costs of the
counseling/mediation which are not covered by insurance.
2. Time Father, Lee E. Oesterling, and the Mother, Wendy J. Tobin,
shall have shared legal custody of Heaths: E. Oesterling, born March 18,
1992, Andrew L. Oesterling, born May 29, 1994, and Daniel J. Oesterling,
born October 17, 1997. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not
limited to, all decisions regarding their health, education and religion.
3. The Mother shall have primary physical custody of the Children.
4. During the summer school break in 2001, the Father shall have
partial physical custody of the Children on alternating weekends from
Friday at 5:00 p.m. through Sunday at 8:30 p.m. In addition, the Father
shall have custody every week from Tuesday at 5:30 p.m. through Wednesday
at 8:00 a.m. and on Thursday from 5:30 p.m. through Friday at 8:00 a.m.
All custody exchanges shall take place at the gas station parking area at
the Giant grocery store, Cumberland Parkway, Mechanicsburg, except as
provided below.
Upon Providing at least 24 hours advance notice to the mother, the
Father may arrange for Paula Camplese to transport the Children for the
exchanges on Wednesday and Friday mornings directly to the Mother's
residence at 9:00 a.m. In the event such arrangements are made and
appropriate notice provided, Ms. Camplese shall remain in her vehicle
during the exchange of custody and shall strictly adhere to the 9:00 a.m.
exchange time.
5. Each party shall be entitled to have custody of the Children
during the summer for two non-consecutive (unless agreed otherwise) weeks
upon providing at least 30 days advance notice to the other party. The
parties shall cooperate in permitting vacation periods to run consecutively
when reasonable to permit long distance travel. The Mother's first week of
vacation, for which she has provided notice, shall run from June 16, 2001
through June 23, 2001.
6. The parties agree to continue their efforts to establish an
ongoing school year custody schedule through the mediation process.
Counsel for the parties may contact the Conciliator to schedule an
additional Custody Conciliation Conference prior to the beginning of the
2001-2002 school year, if necessary.
7. 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 COURT,
Kevin Heals, J..
cc: Judith A. Calkin, Esquire - Counsel f Father
Debra D. Cantor, Esquire - Counsel for Mother
V ` o\
h3
IN THE COURT OF COMMON PLEAS
LEE E. OESTERLING, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs. NO. 01-2451
CHILD CUSTODY
VPgNDY J. TOSIN, '
Defendant
AGREEMRW AND STIPULATION
2001, by
THIS AGREEMENT made this day of
and between LEE E. OESTBRLING (hereinafter referred to as "Father")
and WENDY J. TOEIN (hereinafter referred to as "Mother")
mmEXAS, Father and Mother are the parents of three
children to wit:
Heather E. Oesterling, bon March 18, 1992
Andrew L. Oesterling, born May 29, 1994
Daniel J. Oesterling, born October 17, 1997
MMRSAS, Father and Mother are divorced and they desire
to enter into an agreement concerning the custody of their minor
children;
NON THEREFORE, each party intending to be legally bound,
agrees as follows:
1. it is the intention of the parties and the parties
agree that they will share joint legal custody of the minor
children. The parties agree that major decisions concerning their
children, including, but not necessarily limited to, the children's
health, welfare, education, religious training and upbringing shall
be made by them jointly, after discussion and consultation with
each other, with a view toward obtaining and following a harmonious
policy in the children's best interest. Each party agrees not to
impair the other party's rights to shared legal custody of the
children. Each party agrees not to attempt to alienate the
affections of the children from the other party. Each party shall
notify the other of any activity or circumstance concerning their
children that could reasonably be expected to be of concern to the
other. Day to day decisions shall be the responsibility of the
parent then having physical custody. With regard to any emergency
decisions which must be made, the parent having physical custody of
the children at the time of the emergency shall be permitted to
make any immediate decisions necessitated thereby. However, that
parent 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.
2. Primary physical custody of the minor children shall
be with the Mother, Wendy J. Tobin.
3. During the school year Father, Lee E. Oesterling,
shall have partial custody of the minor children in accordance
with the following schedule:
a. Every Tuesday from 4:30 p.m. to 7:30 p.m.
b. Every other Thursday from 5:30 p.m. to Sunday at
7:00 p.m. On Father's Friday, the children will take the bus after
school to their Mother's where Father will pick them up at 5:00
p.m.
4. During the summer school vacation Father shall have
partial custody of the minor children on the following schedule:
a. Every Wedneday from 5:00 p.m. through Thursday
at 8:00 a.m.
b. Every Thursday from 5:00 p.m. to Friday at 10:00
a.m.
c. Every other Friday from 5:00 p.m. to Sunday at
8:30 p.m•
5. Pick up and drop off can occur at each parents
residence provided that the children are driven to the home and
dropped off without the parent who is driving getting out of the
car or pulling into the driveway and the parent who is receiving
the children coming to the door to greet them.
6. The parents will alternate the following major
holidays: Easter, Memorial Day, Fourth of July, Labor Day, and
Thanksgiving school vacation. The custodial period shall run from
10:00 a.m. to 7:00 p.m. with the exception of the Thanksgiving
school vacation which will be from Thursday at 10:00 a.m. to Friday
at 7:00 p.m. This schedule will begin with Mother having the
children for Labor Day, 2001.
7. Christmas will be divided into two (2) segments which
segments will alternate year by year between the parents. Segment
"A" is from December 24th at 5:00 p.m. to noon on December 2Gth;
Segment "B" is from noon December 25th until December 26th at noon.
This schedule will begin with Father having Segment "A" in 2001.
7. Father shall have custody on Fathers's Day from
10:00 a.m. to 7:00 p.m. and Mother shall have custody on
Mother's Day from 10:00 a.m. to 7:00 p.m.
a. Both parents are entitled to two (2) nonconsecutive
weeks of uninterrupted custody during the summer school vacation.
It is understood that a week is defined as seven (7) days which
must include the parent's regularly scheduled custodial weekend.
Each parent shall provide the other with thirty (30) days notice of
his/her intention to exercise the extended custody period. Should
either party plan a long distance vacation the parties will
cooperate in permitting the weeks to run consecutively.
9. The holiday schedule shall take precedence over the
regular custody schedule.
10. During any period of custody or visitation the
parties to this order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the
point of intoxication. The parties shall likewise assure, to the
extent possible, that other household members and/or house guests
comply with this prohibition.
11. Each parent shall be entitled to reasonable
telephone contact with the children when they are in the custody of
the other parent.
12. Neither parent shall permanently relocate if the
relocations would necessitate a change in the visitation schedule
or if the relocation would exceed a fifty (50) mile radius without
a minimum notice of sixty (60) days to the other parent. The sixty
(60) day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed
for a Court hearing.
13. Both parents shall refrain from making derogatory
comments about the other parent in the presence of the children and
to the extent possible shall prevent third parties from making such
comments in the presence of the children.
14. Mother and Father will continue to attend family
counseling with Deb Salem so that they may improve their co-
parenting skills.
15. The parents desire this Agreement and Stipulation to
be made an order of Court.
Judi h A. Calkin, Esq. Date ee Oe g
At rney for Plaintiff
/ 14. /L `L `•
,;?kf
De r, sq. Date WendyLJ. Tobin
At o for Defendant
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.................._
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n_li 7
ui
m v L AON
LSE E. OESTERLING, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND CO., PENNSYLVANIA
Vs. NO. 01-2451
WENDY J. TOBIN, CHILD CUSTODY
Defendants
ORDER OF COURT
AND NOW, this /Sr ,day of Or" ruol , 2002, the attache-,
STIPULATION is hereby approved and made an Order of this Court.
Dated:
oples a?lec?
C 10 (
OA-/9-02
*5
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
LEE E. OESTERLING
Plaintiff / Petitioner
No. 01-2451
V.
WENDY J. TOBIN
Defendant / Respondent
Civil Action-Petition to
Modify Child Custody
PETITION TO MODIFY CHILD CUSTODY
1. Petitioner is Lee E. Oesterling, a married man, sui juris, and Plaintiff in the
underlying action with a principal address of 606 South'York Street, Mechanicsburg,
Cumberland County Pennsylvania 17055.
2. Respondent is Wendy J. Tobin,a married woman, sui juris and Defendant in the
underlying action with a principal address of 1002 South Market Street,
Mechanicsburg, Pennsylvania 17055.
3. On February 15th 2002, the Honorable Kevin Hess entered as an Order of Court a
Stipulated Agreement for regarding custody of the parties minor children, Heather
Erin Oesterling, (DOB: 3-18-1992, 12 y/o); Andrew Lee; Oesterling (DOB: 5-29-
1994); Daniel John Oesterling, (DOB: 10-17-1997), a true and correct copy of which
is attached hereto as Exhibit "A."
4. Since the entry of said Order, there has been a significant change in circumstances for
the following reasons as hereinafter outlined.
(a) The parties live in close proximity to each other and to the children's
school(s).
(b) The parties have shared custody over the summer in which father has had
more substantial and mutually beneficial time with his children to their
benefit.
(c) Father has a loving and caring relationship with the children and believes it is
in their best interests to spend more equal time with father and for him to have
more equal parenting role in the children's lives.
5. The Court in modifying said Order for the aforementioned reasons will serve the best
interest of the children.
WHEREFORE, petitioner prays this Court to grant the modification of the existing
Custody Order to allow father custody of the parties children.
Lee E. Oesterling, Esquire -
Petitioner Pro Se
606 South York Street
Mechanicsburg, PA. 17055
(717) 691-9435
VERIFICATION
I verify that upon personal knowledge or information and belief that the statements made in
this Petition are true and correct. I understand that false statements herein are made subject to the
LEE E. OESTERLING,
Plaintiff
VS.
WENDY J. TOBIN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 01-2451
CHILD CUSTODY
ORDER OF COURT
AND NOW, this-6flay of rbruary 2002, the attache`.
STIPULATION is hereby approved and made an Order of this Court.
Dated:
J.
n ? un*c see r,
?R Tes ^
Gru .
Ti?i _
LEE E. OESTERLING,
Plaintiff
Vs.
WENDY J. TOBIN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-.2451
CHILD CUSTODY
17
AGREEMENT AND STIPULATION
THIS AGREEMENT made this day of 200.1, by
and between LEE E. OESTERLING (hereinafter referred to as "Father")
and WENDY J. TOBIN (hereinafter referred to as "Mother")_;
WHEREAS, Father and Mother are the parents of three
children to wit:
Heather E. Oesterling, bon March 18, 1992
Andrew L. Oesterling, born May 29, 1994
Daniel J. Oesterling, born October 17, 1997
WHEREAS, Father and Mother are divorced and they desire
to enter into an agreement concerning the custody of their minor
children;
NOW THEREFORE, each party intending to be legally bound,
agrees as follows:
1. It is the intention of the parties and the parties
agree that they will share joint legal custody of the minor
children. The parties agree that major decisions concerning their
children, including, but not necessarily limited to, the children's
health, welfare, education, religious training and upbringing shall
be made by them jointly, after discussion and consultation with
each other, with a view toward obtaining and following a harmonious
policy in the children's best interest. Each party agrees not to
impair the other party's rights to shared legal custody of the
children. Each party agrees not to attempt to alienate the
affections of the children from the other party. Each party shall
notify the other of any activity or circumstance concerning their
children that could reasonably be expected to be of concern to the
other. Day to day decisions shall be the responsibility of the
parent then having physical custody. With regard to any emergency
decisions which must be made, the parent having physical custody of
the children at the time of the emergency shall be permitted to
make any immediate decisions necessitated thereby. However, that
parent 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.
2. Primary physical custody of the minor children shall
be with the Mother, Wendy J. Tobin.
3. During the school year Father, Lee E. Oesterling,
shall have partial custody of the minor children in accordance
with the following schedule:
a. Every Tuesday from 4:30 p.m. to 7:30 p.m.
b. Every other Thursday from 5:30 p.m. to Sunday at
7:00 p.m. On Father's Friday, the children will take the bus after
school to their Mother's where Father will pick them up at 5:00
p.m.
4. During the summer school vacation Father shall have
partial custody of the minor children on the following schedule:
a. Every Wedneday from 5:00 p.m. through Thursday
at 8:00 a.m.
a. m.
b. Every Thursday from 5:00 P.M. to Friday at 10:00
c. Every other Friday from 5:00 p.m. to Sunday at
8:30 P.M.
5. Pick up and drop off can occur at each parents
residence provided that the children are driven to the home and
dropped off without the parent who is driving getting out of the
car or pulling into the driveway and the parent who is receiving
the children coming to the door to greet them.
6. The parents will alternate the following major
holidays: Easter, Memorial Day, Fourth of July, Labor Day, and
Thanksgiving school vacation. The custodial period shall run from
10:00 a.m. to 7:00 p.m. with the exception of the Thanksgiving
school vacation which will be from Thursday, at 10:00 a.m. to Friday
at 7:00 p.m. This schedule will begin with Mother having the
children for Labor Day, 2001.
7. Christmas will be divided into two (2) segments which
segments will alternate year by year between the parents. Segment
"A" is from December 24th at 5:00 p.m. to noon on December 2Eth;
Segment "B" is from noon December 25th until December 26th at noon.
This schedule will begin with Father having Segment "A" in 2001.
7. Father shall have custody on Fathers's Day from
10:00 a.m. to 7:00 p.m. and Mother shall have custody on
Mother's Day from 10:00 a.m. to 7:00 p.m.
8. Both parents are entitled to two (2) nonconsecutive
weeks of uninterrupted custody during the :summer school vacation.
It is understood that a week is defined as seven (7) days which
must include the parent's regularly scheduled custodial weekend.
Each parent shall provide the other with thirty (30) days notice of
his/her intention to exercise the extended custody period. Should
either party plan a long distance vacation the parties will
cooperate in permitting the weeks to run consecutively.
9. The holiday schedule shall take precedence over the
regular custody schedule.
10. During any period of custody or visitation the
parties to this order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the
point of intoxication. The parties shall likewise assure, to the
extent possible, that other household members and/or house guests
comply with this prohibition.
11. Each parent shall be entitled to reasonable
telephone contact with the children when they are in the custody of
the other parent.
12. Neither parent shall permanently relocate if the
relocations would necessitate a change in the visitation schedule
or if the relocation would exceed a fifty (50) mile radius without
a minimum notice of sixty (60) days to the other parent. The sixty
(60) day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed
for a Court hearing.
13. Both parents shall refrain from making derogatory
comments about the other parent in the presence of the children and
to the extent possible shall prevent third parties from making such
comments in the presence of the children.
14. Mother and Father will continue to attend family
counseling with Deb Salem so that they may improve their co-
parenting skills.
15. The parents desire this Agreement and Stipulation to
be made an Order of Court. /
/,Z -20 -CV -
udith A. Calkin, Esq. Date Lee Oes
Attorne? for Plaintiff
Date Wendy -Tobin
AtUrtlrneN j r'Defendant
ry t c? ?
11
.
?.
d
\U
NOV 1 1 ?004
LEE E. OESTERLING
Plaintiff
VS.
WENDY J. TOBIN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2451 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this /9' day of , 2004, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall submit themselves, their minor Children, and any other individuals deemed
necessary by the evaluator, to a custody evaluation to be performed by Arnold Shienvold, Ph.D. or
other professional selected by agreement between the parties. The purpose of the evaluation shall be to
obtain independent professional recommendations concerning ongoing custody arrangements which
will best serve the needs of the Children. The parties shall sign all authorizations deemed necessary by
the evaluator in order to obtain additional information pertaining to the parties or the Children. The
parties agree to initially share all costs of the evaluation equally but preserve the issue as to allocation
of evaluation expenses for later determination either by agreement or determination by the Court.
2. Pending further Order of Court or agreement of the parties, the prior Order of this Court
dated February 15, 2002 shall continue in effect.
3. The parties shall ensure that Heather is provided with separate sleeping arrangements which
afford the Child privacy in both parties' residences. The parties agree that Heather may share a
bedroom with the Father's other daughter during the Father's periods of custody.
4. Neither party shall do or say anything, including obscene; gestures, which may estrange the
Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the
free and natural development of the Children's love and respect for the other parent. Both parties shall
ensure that third parties having contact with the Children comply with this provision.
5. In the event the Father is more than 30 minutes late for a period of custody and does not
contact the Mother either prior to or within the 30 minute period, the Mother shall not be required to
continue to make the Children available for the period of custody. In the event the Mother has made
an appointment or other obligation in reliance upon the Father assurning custody of the Children in
accordance with the partial custody schedule, the Father shall be responsible to make alternate
arrangements for the Children's transportation and care during his period of unavailability.
6. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for
either party may contact the conciliator to schedule an additional custody conciliation conference, if
necessary.
BY THE COURT,
0-wi -
A. Hess J.
cc: , ' uel L. Andes, Esquire - Counsel for Father
?anne Harrison Clough, Esquire - Counsel for Mother
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C Ca t
LEE E. OESTERLING
Plaintiff
vs.
WENDY J. TOBIN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2451
CIVIL ACTION LAW
IN CUSTODY
Defendant
Prior Judge: Kevin A. Hess
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 Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Heather Erin Oesterling March 18, 1992 Mother
Andrew Lee Oesterling May 29, 1994 Mother
Daniel John Oesterling October 17, 1997 Mother
2. A conciliation conference was held on November 10, 2004, with the following individuals in
attendance: The Father, Lee E. Oesterling, with his counsel, Samuel L. Andes, Esquire, and the
Mother, Wendy J. Tobin, with her counsel, Joanne Harrison Clough, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esqui
Custody Conciliator
11
C ?
LEE E. OESTERLING,
Plaintiff 1
)
VS. )
1
WENDY J. TOBIN, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451 CIVIL TERM
IN CUSTODY
MOTION FOR HEARING
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
moves the Court for a hearing in the above matter, based upon the following:
1. The moving party herein is the Plaintiff. The responding party is the Defendant.
2. Plaintiff filed a petition to modify the existing custody order in the fall of 2004.
A conciliation conference was held before Dawn S. Sunday, Esquire, on 10 November
2004. As a result of that conference, the Court entered an order dated 19 November
2004 which continued the prior custody schedule and directed that the parties obtain a
custody evaluation by Arnold Shienvold, Ph.D.
3. The parties have concluded their work with Dr. Shienvold and he filed a custody
evaluation report on 10 January 2006. For the most part, Dr. Shienvold recommended no
significant change in the present custody schedule.
4. Plaintiff does not believe that Dr. Shienvold's report correctly identified and
addressed the problems in this case or offered the parties any meaningful to resolve those
problems. As a result, Plaintiff believes that the Defendant continues to interfere with his
custodial rights and with his relationship with the children.
5. Based upon the history of the parties, including conduct by Defendants since Dr.
Shienvold's report, Plaintiff does not believe that the problems between the Plaintiff and
the Defendant relating to their children will be resolved by agreement or compromise, even
after Dr. Shienvold's report. Plaintiff believes the only way these matters will be
successfully addressed is at a hearing before the Court.
WHEREFORE, Plaintiff, by his attorney, moves this Court to schedule a hearing on
the matters pending before the Court and, following such hearing, to make such
modifications in the custody order, to order such counseling, and to take such further
action, as the Court deems appropriate.
Samuel L. Ahdes
Attorney for Plaintiff
525 N. 12`h Street
Lemoyne, PA 17043
(717) 761-5361
?,
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KEC? , ? '3 ^"
BY THE COURT,
J.
Distribution:
Samuel L. Andes, Attorney for Plaintiff, 525 N. 12`" Street, Lemoyne, PA 17043
Joanne Harrison Clough, Attorney for Defendant, 24 N. 32nd Street, Camp Hill, P 17011
r++-lea
LEE E. OESTERLING,
Plaintiff 1
1
VS. )
WENDY J. TOBIN, )
Defendant )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451 CIVIL TERM
IN CUSTODY
ORDER
I
AND NOW this _? rf day of 2006, upon the
motion of the Plaintiff, Lee E. Oesterling, we hereby schedule a hearing, to be held before
the undersigned in Court Room No. _?/_ of the Cumberland County Court House in
Carlisle, Pennsylvania, commencing at j 3D o'clock m. on d l
the day of 2006.
? ?,;{
LEE E. OESTERLING,
Plaintiff
V5.
WENDY J. TOBIN,
Defendant
ORDER OF COURT
AND NOW, this 21 u day of
r?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451 CIVIL TERM
IN CUSTODY
2006, upon the
agreement of the parties, the hearing in this matter which had been scheduled for May 5,
2006 is hereby continued. The matter will now be heard by the undersigned on Friday, 7
July 2006 commencing at 9:00 a.m.
Distribution:
,.li'amuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, PA 17043
dZnne Harrison Clough, Esquire (Attorney for Defendant)
24 N. 32nd Street, Camp Hill, PA 17011
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BY THE COURT,
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LEE E. OESTERLING IN THE COURT OF COM N PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 01-2451 CIVIL ACTION LAW
WENDY J. TOBIN :
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this ,S`' day of ^!!+ , , 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court shall continue in effect as modified by this Order.
2. During the remainder of the 2005-2006 school year, the Father shall pick up the Children
directly from school on his Tuesday evening periods of custody, which shall end at 8:00 p.m., with
flexibility in the event the Children are involved in sports or other activities requiring a minor
extension of time.
3. During the summer school break in 2006, the parties shall share having custody of the
Children on an alternating weekly schedule with the exchange to take place every Friday evening at a
time to be arranged by agreement. The alternating weekly schedule shall begin with the Mother
having custody of the Children for the week beginning June 9.
4. The parties shall communicate on issues regarding the Children through e-mail rather than
having the Children serve as messengers, whenever possible. Neither party shall harass the other or
abuse the e-mail communication arrangement.
5. 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 COURT,
J.
cc: amuel L. Andes, Esquire - Counsel for Father
Xoanne Harrison Clough, Esquire - Counsel for
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LEE E. OESTERLING,
Plaintiff
VS.
WENDY J. TOBIN,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451 CIVIL TERM
IN CUSTODY
MOTION FOR CONTINUANCE
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
moves the court for a continuance of the hearing scheduled in this matter for July 7, 2006,
based upon the following:
1. The moving party herein is the Plaintiff. The Respondent is the Defendant.
2. This matter has been involved in some status of litigation for many months. In an
effort to resolve the dispute between the parties they agreed to have a custody evaluation
performed by Arnold Shienvold of Riegler & Shienvold Associates.
3. Dr. Shienvold issued his report on 10 January 2006 and thereafter modified his
recommendation by a letter dated 18 April 2006.
4. Dr. Shienvold has gathered a significant quantity of information which the court
should have to properly decide this case. He is probably the only neutral party throughly
familiar with this matter that can give a neutral and comprehensive report to the court.
5. Both parties have planned on Dr. Shienvold testifying at the hearing set for July 7,
2006 and Plaintiff had scheduled Dr. Shienvold to appear at that time and testify.
6. Plaintiff recently learned that Dr. Shienvold is now scheduled for surgery the
morning of 7 July 2006 and, as a result, will not be available to appear at the hearing, to offer
testimony, or to otherwise assist the court in this matter.
7. Plaintiff does not believe it will be useful for the court to proceed to take testimony
at the scheduled hearing without Dr. Shienvold being present to hear the testimony offered
by the parties as well as to submit his recommendations and explain his reasons for those.
8. Plaintiff does not believe that this matter can be properly addressed by the court
without the benefit of Dr. Shienvold's testimony,
WHEREFORE, Plaintiff prays this court to continue the hearing scheduled for 7 July
2006 to a time, thirty days or more in the future, when Dr. Shienvold can be available to
testify.
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12thStreet
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
4 1 72 M/10 =S a
uel L. Ande
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LEE E. OESTERLING,
Plaintiff
vs.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451 CIVIL TERM
WENDY J. TOBIN,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW this 6 r day of Q , 2006, upon
consideration of the attached Motion, the hearing in this matter scheduled for July 7, 2006, is
continued generally. It will be rescheduled upon the request of either party at such time as
it appears Dr. Shienvold will be available to testify.
BY THE COURT,
Distribution:
muel L. Andes, Esquire (Attorney for Plaintiff
525 North 12t` Street, Lemoyne, PA 17043
,,,6anne Harrison Clough, Esquire (Attorney for Defendant)
24 N. 32nd Street, Camp Hill, PA 17011
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LEE E. OESTERLING,
Plaintiff
VS.
WENDY J. TOBIN,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451 CIVIL TERM
IN CUSTODY
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AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes,
and petitions the Court for emergency relief in this matter, to allow him to have the
children for a period of vacation, based upon the following:
1. The Petitioner herein is the Plaintiff. The Respondent is the Defendant.
2. The parties are the parents of three minor children, Heather E. Oesterling, born
18 March 1992, Andrew J. Oesterling, born 29 May 1994, and Daniel J. Oesterling, born
17 October 1997. Those children are the subject of prior orders of this Court.
3. Pursuant to the orders entered in this custody action, Plaintiff is entitled to
periods of vacation custody with his children on reasonable notice to the Defendant.
4. Plaintiff has made arrangements to take the two younger children on a
vacation to Disney World in Orlando, Florida, over the Labor Day weekend and the week
that follows that. Pursuant to those arrangements, he has arranged a condominium to
be used by him and the other members of his family and has made arrangements with
the schools which the two younger children attend for them to be absent from school for
the trip.
5. In May of 2006, Plaintiff notified Defendant of his plan to take the children to
Disney World over the Labor Day weekend and the following week. Shortly thereafter,
Defendant, through her attorney, objected to such plans because the children would be
taken out of school.
6. In the past, Defendant herself has taken the children from school for her
periods of vacation.
7. Plaintiff believes that the trip he has planned for the children will be beneficial
to them. It will open vacation and educational opportunities they do not now have, it
will permit them to spend time with their father, their stepmother, and step-siblings, and
will give them a wonderful opportunity for a vacation at the leading vacation destination
in the United States.
6. Plaintiff has reviewed this matter with the children's schools and been
assured that they will not have difficulty making up their school work and that their
absence from school will not cause an unreasonable interruption of or interference with
their schooling, particularly at the early part of the school year.
9. Plaintiff has attempted, repeatedly, to resolve this matter with the Defendant
but the Defendant has repeatedly refused to allow Plaintiff to take the children with him
on the family vacation he has planned.
WHEREFORE, Plaintiff prays this Court to enter an order granting him temporary
custody of his children from 4 p.m. on Friday, 1 September 2006, until 4 p.m. on
Tuesday, 12 September 2006, to permit the two younger children to accompany Plaintiff
and his family on a vacation to Florida.
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
P.O. Box 168
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date: cS -Z,?5 - 06
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2 5 2006
LEE E. OESTERLING,
Plaintiff
Vs.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451 CIVIL TERM
WENDY J. TOBIN,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW this z-- v- of _ dvT ? 2006, upon
consideration of the attached Petition, a conference is hereby scheduled, in the
chambers of the undersigned, on T- e4" the 7-1' day of A ia..
2006, commencing at io , .9r) o'clock ! .m. Counsel may participate by
telephone if they make prior arrangements with the undersigned or his staff prior to the
time set for the conference.
BY THE COURT,
/ J.
Distribution:
Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043
-Joanne Harrison Clough, Attorney for Defendant, 24 N. 32nd Street, Camp Hill, PA 17011
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LEE E. OESTERLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 01-2451 CIVIL
WENDY J. TOBIN,
Defendant IN CUSTODY
ORDER
AND NOW, this 34t_ day of August, 2006, upon consideration of the Petition for
Emergency Relief, and following a conference with counsel regarding this matter, we hereby
order and decree as follows:
1. The father, Lee E. Oesterling, is hereby awarded temporary custody of his two sons,
Andrew J. Oesterling, born May 29, 1994, and Daniel J. Oesterling, born October 17, 1997, from
4:00 p.m. on Friday, September 1, 2006, until 4:00 p.m. on Tuesday, September 12, 2006.
2. The father shall notify the mother, in writing, prior to September 1, 2006, of the
itinerary for his planned trip with the children to Florida along with the address and telephone
number of the location where the children will be staying with father.
3. The parties will cooperate with each other and the children to assist them in making up
any school work the children miss as a result of this trip. The father is directed to assure that all
missed school work is completed.
4. The mother shall receive six make-up days for the custody father will be taking from
mother, by father not exercising his Thursday to Friday night custody for the next three periods
of his Thursday overnight schedule and mother shall receive father's first regular weekend
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custody after September 12, 2006.
BY THE COURT,
y6`amuel L. Andes, Esquire
For the Plaintiff
,)oanne Harrison Clough, Esquire
For the Defendant
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Ke A. Hess, J.
LEE E. OESTERLING,
Plaintiff
V.
WENDY J. TOBIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2451 CIVIL TERM
: IN CUSTODY
DEFENDANT'S ANSWSER TO PETITION FOR EMERGENCY RELIEF
AND NOW, this 29th day of August, 2006, comes the above named Defendant, Wendy J.
Tobin, by and through her attorney, Joanne Harrison Clough, Esquire, and files this answer to
Plaintiff, Lee E. Oesterling's, Petition for Emergency Relief, in opposition to his request to have the
children for vacation as follows:
1. Admitted.
2. Admitted.
3. Admitted in part. Denied in part. It is admitted that pursuant to the orders
entered in this Custody Action, Plaintiff is entitled to periods of vacation custody during the
summer school vacation with his children upon reasonable notice to the Defendant. It is
specifically denied that he is entitled to take that vacation during the school year. To the contrary,
the initial Custody Order entered in this case on July 2, 2001, specifically provided for Plaintiff Lee
Oesterling's vacation/visitation in Paragraph 5 as follows:
Each party shall be entitled to have custody of the children during the summer for two
non-consecutive (unless agreed otherwise) weeks upon providing at least 30 days
advance notice to the other party.
This order was subsequently modified by a new Court Order on February 15, 2002, which
specifically provided for Plaintiff s periods of summer vacation in Paragraph 8 as follows:
Both parents are entitled to two (2) non-consecutive weeks of uninterrupted custody
during the summer school vacation. It is understood that a week is defined as seven (7) days
which must include the parent's regularly scheduled custodial weekend.
The November 19, 2004 Court Order was entered pending a custody evaluation which was
prepared and completed by Dr. Sheinvold in January of 2006. Pursuant to the terms of the
November 2004 Court Order, the parties returned for a Custody Conciliation conference on May 5,
2005. The parties were able to agree to implement Dr. Sheinvold's summer physical custody
schedule as set forth in his recommendation. The May 5, 2006 Court Order specifically provides in
Paragraph 3 that during the summer school break in 2006, the parties shall share having custody of
the children on an alternating weekly schedule with the exchange to take place every Friday evening
at a time to be arranged by agreement. Paragraph 1 of the May 5, 2006 Order specifically provides
that "the prior Order of this Court shall continue in effect as modified by this Order". The
February 15, 2002 Court Order provision for summer vacation is still in effect.
4. Admitted in part. Denied in part. It is admitted that Plaintiff may have made
arrangements to take the two younger children on a vacation to Disney World in Florida over the
Labor Day weekend and the week that follows that. However, it is specifically denied that Plaintiff
is entitled to exercise a one week period of vacation with his children during the school year. To the
contrary, Defendant Wendy J. Tobin has primary physical custody of the children and Plaintiff father
has custody on every Tuesday after school until 8:00 p.m. and every Thursday. Defendant notified
Plaintiff on May 11, 2006 that she would not agree to this proposed vacation. Furthermore, Labor
Day weekend is Defendant Mother's weekend and the following week is her period of primary
custody with the children. Plaintiff is attempting to take a ten day vacation during the school year,
and attempting to take six days of Defendant mother's periods of physical custody.
5. Admitted. It is admitted that at the custody conciliation conference in May of 2006,
Plaintiff presented Defendant's counsel with a letter of his plan to take the children on vacation from
Saturday, September 2, 2006 through September 12, 2006 to Florida. Defendant's counsel
immediately thereafter forwarded a letter to Plaintiff s counsel objecting to the vacation because the
proposed vacation was not in accordance with the current Court Order and would require the
children to miss a full week of school. Defendant specifically objects to Plaintiff taking the children
on vacation where the parties' son Andrew, would miss the second week of his first year in middle
school. Andrew suffers from Aspergers which is a form of Autism and he has social, emotional and
academic specific needs and has an IEP. It is contrary to the best interest and permanent welfare of
Andrew and his introduction into the middle school experience for him to miss the second week of
school.
6. Admitted. In the past, Defendant did take the children from school in December of
2004 for a Florida vacation, however, Defendant took this vacation during her period of primary
physical custody of the children and made arrangements with Plaintiff to switch weekends and to
make up time for him for the two evenings of partial custody he missed during her vacation trip.
7. Admitted in part. Denied in part. It is admitted that a trip to Florida would be
beneficial for the children to participate in. It is specifically denied that the trip during the time
period selected by Plaintiff is in the children's best interest. To the contrary, Plaintiff had
approximately twelve weeks of summer vacation where he could have scheduled a vacation trip
pursuant to the terms of the Custody Orders which specifically provide that the two non-consecutive
weeks of vacation shall be exercised during summer school vacation. By way of further information,
Dr. Sheinvold specifically recommended the summer vacation physical custody schedule of week on/
week off between the parties, in part to eliminate the conflict the parties had over selecting and
implementing the summer vacation schedule. Paragraph 2 of Dr. Sheinvold's recommendation
indicates as follows:
"During the summer it is recommended that Wendy and Lee share custody of the
children on an equal basis. Beginning on the first full week following the end of school,
the children could spend one week at each household. If custody were arranged in that
manner there would be no need for a separate vacation schedule for the children. Each
parent would be required to take vacation on the days of the custody in the summer.
The school schedule should recommence on the last full week of summer vacation".
Based on this recommendation the parties entered into a Stipulation which was reduced to a
Court Order on May 5, 2006, whereby the parties had week on/ week off periods of custody of the
children during the summer.
8. Defendant is without sufficient knowledge or information to form a belief as to
whether Plaintiff in fact spoke to the school regarding removing the parties two sons from school for
five school days. The Plaintiff and Defendant have shared legal custody of the parties children and
Plaintiff does not have the legal right to withdraw the children from the school during Defendant's
periods of physical custody without Defendant's permission. Plaintiff did not consult with
Defendant prior to any contact he may have had with the school, and Defendant objects to the
children being removed from the second week of school particularly when Andrew has unique
educational issues as a result of his Aspergers.
9. Admitted in part. Denied in part. It is admitted that Plaintiff notified Defendant in the
first week of May of his intention to take this vacation. It is further admitted that Defendant
immediately objected to and refused to agree to the proposed vacation by sending correspondence to
Plaintiffs counsel. Since May 11, 2006 Defendant had no further contact from Plaintiff on this issue
until last week when he sent several emails announcing again his intention to take the children.
Defendant advised Plaintiff and his counsel on May 11, 2006 of her objection. She did not agree to
the proposed vacation and Plaintiff father has had four months to make alternate vacation
arrangements and failed to do so.
NEW MATTER
9. The Court Order of February 15, 2002 is the controlling Court Order regarding the
parties' right to exercise vacation custody with the children and it specifically dictates that the
vacation is to be exercised during the summer and that the parry selecting seven days of custody
shall incorporate his or her own weekend in to the vacation period.
10. Plaintiff unilaterally ignored the Custody Order and announced his intention to
take the children on vacation during the school year, and during Defendant mother's weekend in
direct violation of the Custody Orders, and selected this time to gain an additional six days of
custody, instead of using his own periods of summer physical custody.
11. Defendant mother immediately notified Plaintiff via correspondence from her
legal counsel to his legal counsel on May 11, 2006 that she did not agree to the proposed
vacation.
12. The parties son Andrew suffers from Aspergers, a form of autism and he has had
an IEP (Individual Education Plan ) since first grade. Andrew has social and emotional issues as
a result of his Aspergers and the transition from elementary school to middle school is a
significant event for him and Defendant mother strongly opposes the child missing his second
week of his first year of middle school.
13. Plaintiff's proposed vacation schedule takes six days of Defendant mother's
primary physical custody schedule, which violates the Court Order of February 15, 2002 which
was reaffirmed in the November 19, 2004 and the May 5, 2006 Court Orders.
14. If the Court grants Plaintiff's Petition for Emergency Relief, Defendant Mother
will lose 6 days of her period of primary physical custody with the children.
WHERFORE, Defendant prays this Honorable Court will deny Plaintiff Father's Petition for
Emergency Relief and direct the children return to the primary physical custody of their mother for the
school year pursuant to the Court Order. In the event that the Court grants Plaintiff father's petition,
Defendant requests that father be directed to have all missed school work completed on or prior to
September 12 and direct that Defendant Mother receive six make up days for the custody Father will
be taking from Mother, by father not exercising his Thursday to Friday night custody for the next three
periods of his Thursday overnight schedule and that Defendant Mother receive Plainitfrs first regular
weekend custody after September 12, 2006.
DATE: 7- Z? - 0
Respectfully submitted,
JOANNE HARRISON CLOUGH,
By: \-/
JOANNE ARRISO]
I.D. No. 36461
24 N. 32nd Street
Camp Hill, PA 17011
(717) 737-5890
VERIFICATION
I, Wendy I Tobin, hereby verify and state that the facts set forth in the foregoing
pleading are true and correct to the best of my information, knowledge and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unworn verification to authorities.
DATE: 1l L- d N ?ll?l ?rJ
WENDY J?YOBIN
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LEE E. OESTERLING, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 01-2451
WENDY J. TOBIN, : CIVIL ACTION -LAW
Defendant : IN CUSTODY
AGREEMENT AND STIPULATION FOR ENTRY OF CUSTODY ORDER
AND NOW this day of
2006, come the parties, Lee E.
Oesterling, herein after referred to as "Father", and his counsel, Samuel L. Andes, Esquire, and
Wendy J. Tobin, herein after referred to as "Mother", and her counsel, Joanne Harrison Clough
Esquire, and file the following Agreement and Stipulation For Entry of Custody Order.
WHEREAS, Father and Mother are the parents of the following three children, namely
Heather E. Oesterling, born March 18, 1992,
Andrew J. Oesterling, born May 29, 1994,
Daniel J. Oesterling, born October 17, 1997
WHEREAS, Father and Mother are divorced and Father filed a Petition for Modification of
Custody in September of 2004 and after the parties completed a Custody Evaluation, they now desire
to enter into an agreement concerning the custody of their minor children;
NOW THEREFORE, each party intending to be legally bound agrees as follows:
1. Mother and Father shall share joint legal custody of the minor children. The
parties agree that major decisions regarding the children, including, but not necessarily limited to, the
children's health, welfare, education, religious training, and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the children's best interest. Each parry agrees not to impair the
other party's rights to shared legal custody of the children. Each party agrees not to attempt to
alienate the affections of the children from the other party. Each party shall notify the other of any
activity or circumstance concerning their children that could reasonably be expected to be of concern
1
to the other. Day to day decisions shall be the responsibility of the parent then having physical
custody. With regard to any emergency decisions which must be made, the parent having physical
custody of the children at the time of the emergency shall be permitted to make any immediate
decisions necessitated thereby. However, that parent 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.
2. Primary physical custody of the minor children shall be with Mother, Wendy J. Tobin
3. School year. During the school year, Father, Lee E. Oesterling, shall have partial
custody of the minor children in accordance with the following schedule:
a. Every Tuesday, commencing when the children are dismissed from school and
continuing until 8:00 p.m;
b. Every other Thursday, commencing from when the children are dismissed
from school until 8:00 p.m.;
C. Alternating weekends, commencing when the children are dismissed from
school on Thursday and continuing until 7:00 p.m. on Sunday.
4. Summer. During the summer school vacation, the parties shall alternate physical
custody of the children on a weekly basis with the parties exchanging the children on Fridays at 5:00
p.m. The summer vacation custody alternating schedule shall commence on the first Friday after
school ends and shall terminate the last Friday before school resumes in the Fall.
5. Transportation. Father shall be responsible to pick the children up at school for the
commencement of his periods of partial custody on school days. On the days when the children do not
have school, Father shall pick the children up at Mother's residence at 3:30 p.m. Mother shall be
responsible to pick the children up at Father's residence at the conclusion of his periods of custody.
The pickup and drop-off can occur at each parent's residence provided the children are driven to the
home and dropped off without the parent who is driving getting out of the vehicle and the parent who
is receiving the children coming to the door to greet them. Unless otherwise specified, the party
receiving custody of the children shall provide the transportation.
6. Alternating holidays. The parents will alternate the following holidays: Easter,
Memorial Day, Fourth of July, Labor Day, and Thanksgiving. The holiday custodial period shall run
from 10:00 a.m. until 7:00 p.m. on each holiday with the exception of Thanksgiving which shall be
from Thursday at 10:00 a.m. until Friday at 7:00 p.m. This schedule shall commence with Father
having the children for Labor Day, 2006.
7. Christmas shall be divided into two (2) segments, which segments shall alternate year to
year between the parties. Segment "A" is from December 24 at 5:00 p.m. until Noon on December
25th; Segment "B" is from Noon, December 25th until December 26th at Noon. This schedule will
begin with Mother having Segment "A" in 2006 and all even numbered calendar years.
8. Father shall have custody of the children on Father's Day from 10:00 a.m. until 7:00
p.m. and Mother shall have custody of the children on Mother's Day from 10:00 a.m. until 7:00 p.m.
9. Summer vacations. The parties shall select their vacations with the children to be
exercised during each parties own custody weeks during the alternating week physical custody
schedule.
10. Mechanicsburg Trick or Treat Night. The parties agree to share custody of the
children on Mechanicsburg's annual Trick or Treat Night with Mother having custody of the children
from 6:00 p.m. to 7:00 p.m. and Father having custody from 7:00 to 8:00 p.m. each year.
11. The holiday schedule shall take precedence over the regular custody schedule. Neither
parry may select the other party's summer holiday as part of his or her summer vacation. 12.
During any period of custody or visitation to this Order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties
shall likewise assure, to the extent possible, that other household members and/or house guests comply
with this prohibition.
13. Each parent shall be entitled to reasonable telephone contact with the children when
they are in the custody of the other parent.
14. Neither parent shall permanently relocate if the relocation would necessitate a change in
the visitation schedule or if the relocation would exceed a 50 mile radius without a minimum notice of
60 days to the other parent. The 60 day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed for a court hearing.
15. Both parents shall refrain from making derogatory comments about the other parent in
the presence of the children and to the extent possible shall prevent third parties from making
comments in the presence of the children.
16. Neither party shall do or say anything, including obscene gestures, which may estrange
the children from the other parent, injure the opinion of the children as to the other parent, or hamper
their free and natural development of the children's love and respect for the other party. Both parents shall
ensure that third parties having contact with the children comply with this provision.
17. Mother and Father may continue to attend family counseling with Deb Salem so that they may
improve their co-parenting skills.
18. The parties shall ensure that Heather is provided with separate sleeping arrangements which
afford the child privacy in both parties' residences. The parties agree that Heather may share a bedroom with
the Father's other daughter during the Father's periods of custody.
19. In the event that either party is more than 30 minutes late to commence their period of custody
and does not contact the other party either prior to or within the 30-minute period, the other party shall not
be required to continue to make the children available for that period of custody and may simply retain custody
of the children until the next time the other parent is scheduled to have custody. If either party has scheduled
an appointment or other obligation in reliance upon the other party's assuming custody of the children, and
in accordance with the partial custody schedule set out in this order, the other party shall be responsible to
make alternate arrangements for the children's transportation and care during his or her period of
unavailability.
20. The parties shall communicate on issues regarding the children by e-mail rather than having the
children serve as messengers whenever possible. Neither party shall harass the other or abuse the e-mail
communication arrangement.
21. 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.
22. The parties desire of this Agreement and Stipulation to be made an Order of Court and request
the attached Proposed Order be entered by the Court.
WHEREFORE, each person signs his or her name here below, intendi o
muel L. des Date /Zee E. Oesterling
knev for Plaintiff
gh Date Wendy 1. Tdbin
Joa ne Harrison Clrant
Attorney for
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SEP 1 2 2006
LEE E. OESTERLING,
Plaintiff
VS.
WENDY J. TOBIN,
Defendant
ORDER
AND NOW, this /$
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451
IN CUSTODY
day of ,?.-dam , 2006, the Agreement
-T
and Stipulation for Entry of Custody Order attached to this Order is hereby adopted and
entered as the order of this Court in this matter.
BY THE COURT,
DISTRIBUTION:
muel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043
,.Joanne H. Clough, Attorney for Defendant, 24 N. 32"1 Street, Camp Hill, PA 17011
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WENDY J. TOBIN,
Plaintiff
vs. )
LEE E. OESTERLING, )
Defendant )
NOTICE
TO PLAINTIFF NAMED HEREIN:
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS
SECTION
PACSES NO. 306106728
NO. 00807 SUPPORT 2004
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND
NEW MATTER COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.
Date: /
,?7 -,5-
_,c,6
WENDY J. TOBIN,
Plaintiff
vs.
LEE E. OESTERLING,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS
SECTION
PACSES NO. 306106728
NO. 00807 SUPPORT 2004
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT AND PETITION
TO ENFORCE SUPPORT ORDER VIA WAGE ATTACHMENT
AND NOW comes the above-named Defendant, and makes the following Answer, with
New Matter, to Plaintiff's Petition:
1. Admitted.
2. Admitted with a clarification that the Defendant's zip code is 17055.
3. Admitted.
4. Admitted in part and denied in part. Defendant admits that his payments have
not been made on a regular basis but denies that there is currently any arrearage under the
order. Defendant states that he recently made payments which paid the order current
through the end of November. The reasons for Defendant's irregular payments of the order
are set forth in Defendant's New Matter, the averments of which are incorporated herein by
reference.
5. Admitted in part and denied in part. Defendant admits that his payments have
been irregular and incorporates herein the averments set forth in his New Matter. By way of
further answer, Defendant states that his irregular payments have not been intentional or a
result of any bad faith conduct by Defendant but are a result of the manner in which he
receives his income as an attorney in private practice.
6. Admitted in part and denied in part. The averments set forth in Paragraph 5
above, and in Defendant's New Matter are incorporated herein by reference.
7. Denied. Defendant denies that the irregularity of his payments results from
bad faith, willful misconduct, or other intentions to injure Plaintiff or any other party.
Defendant's payments are irregular because his income is irregular and he does not generally
have the regular cash flow necessary to make the support payments in accordance with the
order. Despite these problems, Defendant always pays the support he is obligated to pay
and is current in the order as of this time. The averments set out in Paragraphs 5 and in
Defendant's New Matter are incorporated herein by reference.
8. Denied for the reasons set forth in Paragraph 5 and 7 above and in Defendant's
New Matter, all of which are incorporated herein by reference.
9. Admitted in part and denied in part. Defendant admits that he received a Deed in
August of 2006 for real estate located at 910 Loring Lane in Mechanicsburg, Pennsylvania
and that the consideration recited on the Deed was $129,000.00. Defendant denies,
however, that he paid that price for the property in August of 2006. In fact, Defendant and
his present wife had been purchasing that property on an installment sales agreement from
his present wife's parents and had paid for the property pursuant to the terms of that
agreement by August of 2006. Upon the completion of the payments by Defendant and his
present wife, the sellers, the parents of Defendant's present wife, delivered a Deed to the
property to Defendant and his present wife pursuant to the terms of that agreement.
10. Admitted in part but denied as stated. Defendant admits that he and his wife
purchased a property at 659 William Way for $438,211.00. He states, however, that the
entire purchase price was paid through a loan secured by a mortgage against that property
and other properties owned by Defendant and his present wife and the parents of his present
wife. The new home was purchased to provide adequate housing for Defendant's present
wife's parents who are aged and in poor health and will be moving into that home with
Defendant and his present wife. A substantial portion of the equity pledged to secure the
100% mortgage was provided by Defendant's wife's parents and that enabled Defendant and
his wife to p rchase the home
11. Denied. If there has been any change in Defendant's income since the entry of
the last order, the change has been insignificant. The current order is based upon income
greater than that which Defendant currently enjoys. Defendant has been truthful in all
documents he filed and all information provided in this action regarding his income.
12. Denied. Defendant was able to purchase the property at 659 William Way
without any significant cash payment because he was able to obtain a "no document" loan
primarily because of the equity owned in other property which Defendant has obtained
gradually over a period of many years. The funds generated by the mortgage loan enabled
him to purchase the real estate at 659 William Way and he already had paid for the property
at Loring Lane over a period of many years.
13. Admitted in part and denied in part. Defendant is engaged in the practice of law
as a sole practitioner. He does not do any significant amount of family law work. The
majority of the revenue generated by his law practice comes from work in the bankruptcy
court. The fees generated by that work must be approved by the bankruptcy court and are
irregular in amount as a result. Although the Defendant receives regular monthly payments
from the bankruptcy court now, he did not always receive those in the past. Moreover, the
payments he receives vary significantly in amount and are frequently inadequate for him to
pay the child support and any other expenses. For example, the fees paid to Defendant by
the bankruptcy court in October, for the month of September, were only $827.38 and the fees
paid in November for October were only $1,454.57. Defendant does not receive regular or
significant fee payments from any other source. Moreover, the payments received from the
bankruptcy court are compensation not only for Defendant's professional services but
represent reimbursement to Defendant of costs advanced and other expenses he must pay in
rendering his professional services. The payments received from the bankruptcy court do
not have taxes withheld and do not differentiate between compensation to Defendant for his
services and reimbursement of Defendant for his expenses. As a result, intercepting
payments due Defendant from the bankruptcy court would create a hardship on the
Defendant, his practice of law, and his clients. Attaching payments due Defendant from the
bankruptcy court will unnecessarily interfere with the workings of the bankruptcy court and
the bankruptcy trustee system, will interfere with the rights of Defendant's clients in the
matters in which he represents them, and will prejudice the rights of Defendant's clients.
14. Denied. Defendant is aware of Plaintiff's requests but believes that that request
should be denied for the reasons set forth in this Answer and in Defendant's New Matter.
15. Denied. Defendant denies that he is obligated to pay counsel fees incurred by
Plaintiff in this matter. His inability to make regular monthly payments of his support order
is not Defendant's fault and does not result from any action or inaction on his part, but
results from the vagaries of the payments to him in his law practice.
WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition.
NEW MATTER
By way of further Answer to Plaintiff's Petition, Defendant sets forth the following
New Matter:
16. Defendant is presently engaged in the private practice of law as a sole
practitioner. Defendant has been engaged in such practice of law for most of his working
life, including a portion of the time he was married to Plaintiff.
17. A substantial portion of Defendant's professional work is rendered in bankruptcy
matters before the United States Bankruptcy Court for the Middle District of Pennsylvania.
As a result of that, Defendant must petition the bankruptcy court for approval of his fees,
other parties at interest in the bankruptcy proceeding must be notified of his request, and
fees are not paid to him until his request for fees has been approved. Moreover, he cannot
file petitions in most cases on a regular basis but must wait until there are assets or funds
available in the bankruptcy estate to pay his fees. As a result of these limitations, the
revenue received by Defendant's practice of law is irregular. Defendant frequently goes for
long periods of time without receiving payment of his bankruptcy court fees.
As a result of the irregularity of revenue to his law practice, Defendant's personal
income is also irregular. Defendant himself frequently goes into significant debt between
periods of when he receives payment from his practice.
18. Defendant has attempted to remedy his cash flow problems and is, and has been
for approximately a year, actively investigating employment in another field where his
income will be more regular and consistent.
19. Intercepting or attaching payments due to Defendant's law office is not within the
authority of this court under the law of Pennsylvania allowing attachment of wages, net of
taxes.
20. Attaching payments due to Defendant's law office from the bankruptcy court will
interfere with Defendant's attorney-client relations, will impede the performance of his
obligations to those clients in bankruptcy proceedings, and will interfere with the orderly
conduct and operation of the bankruptcy court and the bankruptcy trustee system.
21. Defendant has not concealed or misrepresented his income or his financial
condition at any time in these proceedings. In fact, the current order obligates him to pay
support far in excess of the amount required by the support guidelines.
WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition.
I verify that the statements made in this document are true and correct.
that any false statements in this document are subject to the penalties of 18 Pa
(unsworn falsification to authoritiesl.
Date: 06
I understand
C.S. 4904
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WENDY J. TOBIN,
Plaintiff
v.
LEE E. OESTERLING,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 00807 S 2004
: PACSES NO.: 306106728
: CIVIL ACTION -LAW
: IN SUPPORT
PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER RAISED IN
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT AND
PETITION TO ENFORCE SUPPORT ORDER VIA WAGE ATTACHMENT
AND NOW, this 18'' day of January 2007, comes the above named Plaintiff Wendy
J. Tobin, by and through her attorney Joanne Harrison Clough and respectfully files this reply to the
New Matter Defendant raised in his Answer to Plaintiff's Petition for Contempt and Petition to
Enforce Support Order Via Wage Attachment and avers as follows:
16. Admitted.
17. Admitted in part, Denied in part. It is admitted that Defendant claims that a
substantial amount of Defendant's professional work is rendered in bankruptcy matters before the
United States Bankruptcy Court for the Middle District of Pennsylvania. It is also admitted that
Defendant, like any attorney representing client debtors before the Bankruptcy Court, must file
certain Petitions or reports with the Bankruptcy Courts for approval of his fees and that other parties
of interest must be notified of said requests and that fees distributed by the Bankruptcy Court cannot
be paid to Defendant until his requests for fees has been approved. Defendant's assertions regarding
when said Petitions can be filed and if and when he must wait to file said Petitions is a conclusion of
law to which no responsive pleading is required. Plaintiff believes a review of the bankruptcy cases
filed by Defendant will indicate the regularity or irregularity of when Defendant receives
disbursements of fees. Plaintiff agrees that Defendant's income may fluctuate month to month due
to which fees he receives in his bankruptcy and other areas of legal practice; however she does not
believe Defendant frequently goes into significant debt between periods when he receives payments
from his practice as a result of the pace with which he receives income, but rather from the pace with
which he spends money on extravagant material purchases to support his lifestyle instead of
honoring his child support obligation to the parties three children.
18. Denied. Plaintiff is without any knowledge or information, to form a belief as to the
truthfulness of Defendant's averment that "he has been actively investigating employment in another
field" and it is therefore denied. By way of further explanation it is irrelevant whether Defendant is
actively pursuing other income generating opportunities; it is only relevant that he has failed to meet
his Court Ordered child support obligation repeatedly during the past two and a half years. It is
specifically denied Defendant has attempted to remedy his alleged "cash flow problems" in that he
has once again failed to pay any child support to Plaintiff for the month of December 2006 or the
month of January 2007 despite his current legal counsel's assurance in December that he had "fixed
his cash flow issues" and had one month of child support in escrow and was now ready and able to
make timely monthly child support payments for his children. By way of further explanation,
Defendant failed to pay the $1,500 support payment for December 2006 and has failed to pay the
January 2nd payment of $1,500 and is once again $3,000 behind on his child support obligation.
19. Denied. It is specifically denied that the Court of Common Pleas of Cumberland
County does not have the legal authority under Pennsylvania Law to attach payments made to
"Defendant's law practice" when Defendant has for a period in excess of two and a half years
demonstrated an absolute blatant failure to make consistent child support payments to the Plaintiff
and in fact receives substantial payments from the United States Bankruptcy Court on a fairly
consistent basis for legal fees he has earned from debtors he represents. The Court of Common Pleas
of Cumberland County has legal authority to issue an Order permitting the attachment of fees
Defendant is to receive from the United States Bankruptcy Court and the United States Bankruptcy
Trustee can honor said Order. It is specifically denied that the attaching of payments due to the
Defendant from the United States Bankruptcy Court would in any way interfere with Defendant's
attorney/client relations or would impede the performance of his obligations to those clients in
bankruptcy proceedings or would interfere with the orderly conduct and operation of the Bankruptcy
Court or the Bankruptcy Trustee system. On the contrary, the Bankruptcy Trustee system regularly
makes disbursements from debtor's monies to creditors. By directing the Bankruptcy Trustee to take
monies due one of the debtor's creditors, the Defendant in this action, payable to PA.S.C.D.U. for
payment of his child support obligation to Plaintiff is no different than attaching his income tax
refund or his lottery winnings or any other monies that were due Defendant that the law permits to be
attached for the purposes of requiring him to meet his child support obligations.
10
21. Denied. It is specifically denied that Defendant has not concealed or misrepresented
his income or his financial condition at any time in these proceedings. Defendant just purchased a
home for $438,000.00. It is further denied that the current Order obligates him to pay support "far in
excess of the amount required by the support guidelines". To the contrary, immediately preceding
the last De Novo support appeal where Defendant would have been required to be formally sworn
under oath and testify regarding his income, he begged Plaintiff to settle the support action and
agreed to pay the current amount of $1,500.00 in support per month to avoid having to disclose his
actual cash income under oath. By way of further explanation, it is not a defense to Plaintiff's
Petition for Contempt that Defendant believes his Support Order is too high; there is a separate legal
process where Defendant can file a petition to modify support if he believes he is entitled to a
reduction of his child support obligation. The instant action is to enforce the Defendant to pay his
current child support obligation.
WHEREAS, Plaintiff prays this Honorable Court grant her Petition for Contempt and
Petition to Enforce Support Via Wage Attachment and grant all of the specific relief requested
therein.
Dated: I J IS-, 01
Respectfully submitted by,
Joanne Harrison Clough, PC
By:
Joanne
Attorney ID No. 36461
24 N. 32nd Street
Camp Hill, PA 17011
Telephone No. (717) 737-5890
Attorney for Plaintiff
VERIFICATION
I, Wendy I Tobin, hereby verify and state that the facts set forth in the foregoing
pleading are true and correct to the best of my information, knowledge and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn verification to authorities.
DATE: /-/7 -D 7
WENDY IN
Y
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I faxed a copy of
this Reply to New Matter to opposing counsel and filed the original and a copy of the foregoing
document with the Cumberland County Court and I served a time stamped copy of the Petition
by United States First Class Mail on the following individual set forth below:
Facsimile: 761-1435
Samuel L. Andes, Esquire
525 North Twelfth Street
PO Box 168
Lemoyne, PA 17043
Counsel for Defendant, Lee Osterling
Date: -..- --- 0
Joanne Harrison Clough, Esquj?fe ?
Attorney ID No. 36461 /?/
24 N. 32nd Street
Camp Hill, PA 17011
(717) 737-5890
Attorney for Plaintiff Wendy J. Tobin
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LEE E. OESTERLING,
Plaintiff
V.
WENDY J. TOBIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2451 CIVIL TERM
IN CUSTODY
PETITION TO MODIFY THE PARITES CUSTODY ORDER TO REQUIRE THE
PARTIES TO PARTICIPATE IN CO-PARENT COUNSELING AS RECOMMENDED
BY THE CUSTODY EVALUATOR AND FOR THE PARTIES' CHILDREN TO
PARTICAPATE IN COUNSELING
AND NOW, this 20th day of April, 2007, comes Petitioner, Wendy J.Tobin, by and
through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Petition to
Modify the Parties Custody Order to Require the Parties to Participate in Co-Parent Counseling
As Recommended by the Custody Evaluator and For the Children to Participate in Counseling,
and, in support thereof, avers as follows:
Petitioner Wendy J. Tobin is the natural mother of Heather E. Oesterling, born
March 14, 1992, Andrew L. Oesterling, born May 29, 1994, and Daniel J. Oesterling, born
October 17, 1997.
2. Respondent Lee E. Oesterling is the natural father of said children.
3. Respondent/Father, Lee E. Oesterling had filed a Petition for Modification of
Custody in 2005 and the parties under went a Custody Evaluation by Arnold Shienvold.
4. After the completion of the Custody Evaluation in January of 2006, the custody
action was listed for trial in the summer of 2006. However, the parties reached a settlement and
executed a Stipulation for Modification of Custody which the Court adopted in its Order of
September 18, 2007. A true and correct copy of said Order is attached hereto.
5. Since the entry of the Stipulated Order the parties continue to have numerous
conflicts and differences regarding co-parenting and other custody related issues.
6. Prior to the initiation of the 2005-2006 custody litigation, the parties had
previously attended co-parent counseling with Deb Salem at Inter Works which resulted in no
litigation for several years.
7. Custody Evaluator Arnold Shienvold, PhD had recommended in his January 2006
evaluation that the parties could benefit from returning to co-parent counseling.
8. Petitioner/Mother has requested through counsel that she and Respondent father
return to co-parent counseling. However Respondent father has failed to respond in any fashion
or agree to return to co-parent counseling.
9. Petitioner/Mother has observed the children Daniel and Andrew's obvious levels
of anxiety regarding custody issues particularly after custody exchanges and believes it is in the
best interest and permanent welfare of the children that the parties return to co-parent counseling
and that Andrew, Daniel and Heather receive therapy for any issues the children may have
regarding their parents' conflict over custody and parenting issues.
10. Petitioner Wendy Tobin has requested through her legal counsel that Respondent
father agree to arrange for therapy for the children and Respondent/Father has failed to
acknowledge the request or respond thereto.
WHEREFORE, Petitioner/Mother, Wendy J. Tobin, respectfully requests the Court
Order of September 18, 2006 be modified to direct the parties to return to co-parent counseling
with Deb Salem, at Inter Works, and to provide for the children to receive independent therapy
2
and counseling through another counselor at Inter Works or elsewhere as deemed appropriate by
the co-parent counselor.
Respectfully Submitted,
JOANNE HARRISON CLOU
JOANNE HARRISON CLO
Attorney I.D. No.: 66378
24 n. 32ND Street
Camp Hill, PA 17011
(717) 763-1383
Attorney for Plaintiff
may) .. i
LEE E. OESTERLING, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
WENDY J. TOBIN, ) NO. 01-2451
Defendant ) IN CUSTODY
ORDER
AND NOW, this
, 2006, the Agreement
om a l- day of ?IfVA LAK
and Stipulation for Entry of Custody Order attached to this Order is hereby adopted and
entered as the order of this Court in this matter.
BY THE COURT,
DISTRIBUTION:
Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043
Joanne H. Clough, Attorney for Defendant, 24 N. 32"d Street, Camp Hill, PA 17011 A T% RD
T'RLj'r': ?? It hand.
ii Testimon-
seal
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T . • V_
LEE E. OESTERLING,
Plaintiff
V.
WENDY J. TOBIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2451
: CIVIL ACTION -LAW
: IN CUSTODY
AGREEMENT AND STIPULATION FOR ENTRY OF CUSTODY ORDER
AND NOW this day of
2006, come the parties, Lee E.
Oesterling, herein after referred to as "Father", and his counsel, Samuel L. Andes, Esquire, and
Wendy J. Tobin, herein after referred to as "Mother", and her counsel, Joanne Harrison Clough,
Esquire, and file the following Agreement and Stipulation For Entry of Custody Order.
WHEREAS, Father and Mother are the parents of the following three children, namely
Heather E. Oesterling, born March 18, 1992,
Andrew J. Oesterling, born May 29, 1994,
Daniel J. Oesterling, born October 17, 1997
WHEREAS, Father and Mother are divorced and Father filed a Petition for Modification of
Custody in September of 2004 and after the parties completed a Custody Evaluation, they now desire
to enter into an agreement concerning the custody of their minor children;
NOW THEREFORE, each parry intending to be legally bound agrees as follows:
1. Mother and Father shall share joint legal custody of the minor children. The
parties agree that major decisions regarding the children, including, but not necessarily limited to, the
children's health, welfare, education, religious training, and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the children's best interest. Each party agrees not to impair the
other party's rights to shared legal custody of the children. Each parry agrees not to attempt to
alienate the affections of the children from the other party. Each party shall notify the other of any
activity or circumstance concerning their children that could reasonably be expected to be of concern
to the other. Day to day decisions shall be the responsibility of the parent then having physical
custody. With regard to any emergency decisions which must be made, the parent having physical
custody of the children at the time of the emergency shall be permitted to make any immediate
decisions necessitated thereby. However, that parent 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.
2. Primary physical custody of the minor children shall be with Mother, Wendy J. Tobin
3. School year. During the school year, Father, Lee E. Oesterling, shall have partial
custody of the minor children in accordance with the following schedule:
a. Every Tuesday, commencing when the children are dismissed from school and
continuing until 8:00 p.m;
b. Every other Thursday, commencing from when the children are dismissed
from school until 8:00 p.m.;
C. Alternating weekends, commencing when the children are dismissed from
school on Thursday and continuing until 7:00 p.m. on Sunday.
4. Summer. During the summer school vacation, the parties shall alternate physical
custody of the children on a weekly basis with the parties exchanging the children on Fridays at 5:00
p.m. The summer vacation custody alternating schedule shall commence on the first Friday after
school ends and shall terminate the last Friday before school resumes in the Fall.
5. Transportation. Father shall be responsible to pick the children up at school for the
commencement of his periods of partial custody on school days. On the days when the children do not
have school, Father shall pick the children up at Mother's residence at 3:30 p.m. Mother shall be
responsible to pick the children up at Father's residence at the conclusion of his periods of custody.
The pickup and drop-off can occur at each parent's residence provided the children are driven to the
home and dropped off without the parent who is driving getting out of the vehicle and the parent who
is receiving the children coming to the door to greet them. Unless otherwise specified, the party
receiving custody of the children shall provide the transportation.
6. Alternating holidays. The parents will alternate the following .holidays: Easter,
Memorial Day, Fourth of July, Labor Day, and Thanksgiving. The holiday custodial period shall run
from 10:00 a.m. until 7:00 p.m. on each holiday with the exception of Thanksgiving which shall be
from Thursday at 10:00 a.m. until Friday at 7:00 p.m. This schedule shall commence with Father
having the children for Labor Day, 2006.
7. Christmas shall be divided into two (2) segments, which segments shall alternate year to
year between the parties. Segment "A" is from December 24 at 5:00 p.m. until Noon on December
25th; Segment "B" is from Noon, December 25th until December 26th at Noon. This schedule will
begin with Mother having Segment "A" in 2006 and all even numbered calendar years.
8. Father shall have custody of the children on Father's Day from 10:00 a.m. until 7:00
p.m. and Mother shall have custody of the children on Mother's Day from 10:00 a.m. until 7:00 p.m.
9. Summer vacations. The parties shall select their vacations with the children to be
exercised during each parties own custody weeks during the alternating week physical custody
schedule.
10. Mechanicsburg Trick or Treat Night. The parties agree to share custody of the
children on Mechanicsburg's annual Trick or Treat Night with Mother having custody of the children
from 6:00 p.m. to 7:00 p.m. and Father having custody from 7:00 to 8:00 p.m. each year.
11. The holiday schedule shall take precedence over the regular custody schedule. Neither
party may select the other party's summer holiday as part of his or her summer vacation. 12.
During any period of custody or visitation to this Order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties
shall likewise assure, to the extent possible, that other household members and/or house guests comply
with this prohibition.
13. Each parent shall be entitled to reasonable telephone contact with the children when
they are in the custody of the other parent.
14. Neither parent shall permanently relocate if the relocation would necessitate a change in
the visitation schedule or if the relocation would exceed a 50 mile radius without a minimum notice of
60 days to the other parent. The 60 day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed for a court hearing.
15. Both parents shall refrain from making derogatory comments about the other parent in
the presence of the children and to the extent possible shall prevent third parties from making
comments in the presence of the children.
16. Neither party shall do or say anything, including obscene gestures, which may estrange
the children from the other parent, injure the opinion of the children as to the other parent, or hamper
their free and natural development of the children's love and respect for the other party. Both parents shall
ensure that third parties having contact with the children comply with this provision.
17. Mother and Father may continue to attend family counseling with Deb Salem so that they may
improve their co-parenting skills.
18. The parties shall ensure that Heather is provided with separate sleeping arrangements which
afford the child privacy in both parties' residences. The parties agree that Heather may share a bedroom with
the Father's other daughter during the Father's periods of custody.
19. In the event that either party is more than 30 minutes late to commence their period of custody
and does not contact the other party either prior to or within the 30-minute period, the other party shall not
be required to continue to make the children available for that period of custody and may simply retain custody
of the children until the next time the other parent is scheduled to have custody. If either party has scheduled
an appointment or other obligation in reliance upon the other party's assuming custody of the children, and
in accordance with the partial custody schedule set out in this order, the other party shall be responsible to
make alternate arrangements for the children's transportation and care during his or her period of
unavailability.
20. The parties shall communicate on issues regarding the children by e-mail rather than having the
children serve as messengers whenever possible. Neither party shall harass the other or abuse the e-mail
communication arrangement.
21. 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.
22. The parties desire of this Agreement and Stipulation to be made an Order of Court and request
the attached Proposed Order be entered by the Court.
WHEREFORE, each person signs his or her name here below, intend' tble legally bound.
Samuel L. Andes Date Lee E. Oeste
Attorn y for Plaintiff
7-0_?L7
loan Harrison Clou h Date Wendy J. in
Attorney for Defendan
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I filed the original
and a copy of the foregoing document with the Cumberland County Court and I served a copy of
the Petition by United States First Class Mail on the following individual set forth below:
Lee Oesterling, Esquire
659 William Way
Mechanicsburg, PA 17055
Date:
JoanneIHarrison Clough, squire
Attorney ID No. 36461,
24 N. 32nd Street
Camp Hill, PA 17011
(717) 737-5890
Attorney for Plaintiff Wendy J. Tobin
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LEE E. OESTERLING IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-2451 CIVIL ACTION LAW
WENDY J. TOBIN
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, April 26, 2007 , 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, May 29, 2007 at 12:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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. at
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 infonnation 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
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LEE E. OESTERLING, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-2451 CIVIL TERM
WENDY J. TOBIN,
Defendant : IN CUSTODY
MOTION FOR SPECIAL RELIEF TO PERMIT MOTHER'S ANNUAL SHORE
VACATION WITH CHILDREN
AND NOW, this day of May, 2007, comes Petitioner, Wendy J. Tobin, by and
through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Motion for
Special Relief to Request Children to Attend Annual Shore Vacation with Mother and in support
thereof, avers as follows:
1. Petitioner Wendy J. Tobin is an adult individual currently residing at 1002 South
Market Street, Mechanicsburg, Cumberland County, PA 17055.
2. Respondent Lee Oesterling is an adult individual currently residing at 659
Williams Way, Mechanicsburg, Cumberland County, PA 17055.
3. The parties are the parents of Heather Oesterling, born on March 18, 1992,
Andrew Oesterling, born on May 29, 1994, and Daniel Oesterling, born on October 17, 1997.
4. Since the summer of 2000, Petitioner Wendy J. Tobin and her husband Tracy
Tobin have taken the Oesterling children to Long Beach Island for a one week vacation on the
second week of June each of the past seven (7) summers.
5. Petitioner has a lease for the property which commences on Saturday, June 9,
2007 and ends on Saturday, June 16, 2007.
1
6. Pursuant to a current Custody Order, Respondent Lee Oesterling would normally
receive custody of the children on Friday, June 15, 2007 at 5:00 p.m.
7. Wendy J. Tobin requests this Honorable Court grant her permission to keep the
children until Saturday, June 16, 2007 at 9:00 p.m., so that the children can attend their annual
vacation with their mother and sister Eliza Tobin and not need to return early from their only
annual vacation with Petitioner and her family.
8. Petitioner contacted Respondent, who is Pro Se, and he does not concur with this
request.
9. This matter has been previously assigned to Judge Hess.
10. This case is currently scheduled for a Custody Conciliation Conference before
Custody Conciliator, Dawn Sunday, on Tuesday, May 29, 2007, at noon.
WHEREFORE, Petitioner Wendy J. Tobin respectfully requests this matter be
consolidated with the matter presently pending before the Custody Conciliator and grant any
further relief this Court deems appropriate.
Respectfully Submitted,
Attorney I.D. No.: 66378
24 n. 32ND Street
Camp Hill, PA 17011
(717) 763-1383
Attorney for Plaintiff
2
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I filed the original
and a copy of the foregoing document with the Cumberland County Court and I served a copy of
the Petition by United States First Class Mail on the following individual set forth below:
Lee Oesterling, Esquire
659 William Way
Mechanicsburg, PA 17055
Date: 5 " 2' 40
Joanne Harrison Clough, Esy
Attorney ID No. 36461
24 N. 32nd Street
Camp Hill, PA 17011
(717) 737-5890
Attorney for Plaintiff Wendy J. Tobin
IV Q f. 1
ry ????
V
JOANNE HARRISON CLOUGH, P.C.
Joanne H. Clough, Esquire
Pa ID. NO. 36461
3820 MARKET STREET
CAMP HILL, PA 17011
717.737.5890
Counsel for Petitioner Wendy Tobin
LEE E. OESTERLING,
Plaintiff
V.
WENDY J. TOBIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2451 CIVIL TERM
: IN CUSTODY
EMERGENCY PETITION FOR SPECL41 RELIEF TO PERMIT MINOR CHILD TO
PARTICIPATE IN HIS MAY 31, 2009 CONFIRMATION AND TO GO ON 9'rH ANNUAL
ONE WEEK SUMMER SHORE VACATION WITH MOTHER
AND NOW, this 21st day of May, 2009, comes Petitioner, Wendy J. Tobin, by and through her
attorney, Joanne Harrison Clough, Esquire, and respectfully files this Emergency Petition For Special
Relief to Permit Minor Child to Participate in his May 31, 2009 Confirmation and to go on 9 h Annual
One Week Summer Shore Vacation with MotherRequest Children to Attend Annual Shore Vacation
with Mother and in support thereof avers as follows:
1. Petitioner Wendy J. Tobin is an adult individual currently residing at 1002 South Market
Street, Mechanicsburg, Cumberland County, PA 17055.
2. Respondent Lee Oesterling is an adult individual currently residing at 659 Williams Way,
Mechanicsburg, Cumberland County, PA 17055.
3. The parties are the parents of Heather Oesterling, born on March 18, 1992, Andrew
Oesterling, born on May 29, 1994, and Daniel Oesterling, born on October 17, 1997.
4. Mother, Wendy Tobin has primary physical custody of the parties children pursuant to
Court Order and the parties have shared legal custody. A true and correct copy of the September 18,
2006 is attached hereto.
5. The parties minor son, Andrew Oesterling, age 14 and will be 15 on May 29, 2009 has
been attending First United Methodist Church in with his mother and siblings since approximately
2002
6. Andrew Oesterling started his two year confirmation educational and religious classes in
2007and the confirmation ceremony where Andrew Oesterling and his fellow confirmation classmates
(approximately 25 teenagers) become formal members of the church is scheduled for May 31, 2009.
7. The confirmation breakfast for all the confirmation participants starts at 8:00 am on May
31, 2009 and the confirmation ceremony is held at the 9:30 am church service.
8. Petitioner mother has contacted Respondent father Lee Oesterling a number of times by
email requesting that he acknowledge the confirmation ceremony scheduled by the church for May 31,
2009 and let mother know if he will agree to permit Andrew to participate in his own confirmation
ceremony since it falls on father's weekend of custody. Respondent Lee Oesterling has failed to
respond to any of mother's emails regarding the confirmation ceremony, although he did reply to
another email mother sent regarding her request that father let Andrew attend the mandatory
confirmation class trip to Washington DC on April 18, 2009 which also occurred on father's regularly
scheduled weekend period of partial custody. Lee Oesterling responded and permitted and cooperated
with Andrew attending this mandatory DC confirmation class field trip. True and correct copies of
mother's emails to father are attached hereto as Exhibit No. 1.
9. Although respondent father has failed to respond to Mother's emails re: the confirmation
ceremony issue, he recently sent an email to Petitioner Mother admonishing her to not send messages
to him through the children since the minor child Andrew apparently asked him directly during a
recent period of partial custody with his father if his father was going to allow him to go to his own
2
confirmation ceremony. Despite this email to Mother, Father has still failed to respond to Mother
regarding whether he will allow the child to go the confirmation ceremony. A true and correct copy of
Respondent father's email is attached hereto as Exhibit No. 2.
10. On or about May 13, 2009, Mother's counsel sent a letter to Respondent who represents
himself in this custody action and to his support attorney specifically asking Respondent to please
indicate if he will permit Andrew to participate in his own confirmation ceremony which is the
culmination of his two years of confirmation classes with his approximately 24 peers, and asking if
father will agree to let Mother return the children to father on Saturday June 13 at 5 pm instead for
Friday June 12, 2009 so that the children could go with Mother for their 9 h annual second week on
June shore vacation in Long Beach Island New Jersey where the shore week rental contracts are from
Saturday to Saturday and father's regularly alternating week of summer custody commences at 5 pm
Friday June 12. A true and correct copy of said May 13, 2009 correspondence is attached hereto as
Petitioner's exhibit No. 3.
11. Respondent father has failed to respond to said May 13, 2009 correspondence from
mother's legal counsel except Respondent father contacted Upper Allen police department and
requested criminal charges be filed against Mother's attorney for forwarding said May 13, 2009
correspondence to Respondent.
12. It is in the best interest and permanent welfare of Andrew Oesterling that he be able to
participate with his peers in his confirmation ceremony at First United Methodist Church on May 31,
2009 from 8:00 am to approximately noon.
13. Since the summer of 2000, Petitioner Wendy J. Tobin and her husband Tracy Tobin have
taken the Oesterling children and their daughter Eliza Tobin to Long Beach Island New Jersey for a
one week vacation on the second week of June each of the past eight (8) summers.
14. The property they always rent is leased from Saturday to Saturday, the typical shore lease
rental period. Petitioner Mother has a lease for the property which commences on Saturday, June 6,
2009 and ends on Saturday, June 13, 2009. The property cannot be leased from Friday to Friday.
15. Pursuant to the current Custody Order, Respondent Lee Oesterling would normally
receive custody of the children on Friday, June 12 at 5:00 pm to start his week on/week off custody of
the children.
16. Petitioner mother has requested father permit her to return the children on Saturday June
13, 2009 at 5:00 pm and offered to let Father keep the children until Saturday June 20, 2009 at 5:00
pm so that the Oesterling children can attend the entire 7 day annual shore vacation and not have to be
returned a day early.
17. Respondent father has responded to email from Petitioner mother refusing to permit the
children to be returned from their shore vacation on Saturday June 13, 2009 and insisting the children
be returned on Friday June 12, 2009 by 5:00 pm. Exhibit No. 4
18. It is in the best interest and permanent welfare of the minor children that they be able to
travel with their Mother to Long Beach Island New Jersey from June 6, 2009 to June 13, 2009 at
5:00pm to attend their ninth annual one week shore vacation with their mother, and their sibling Eliza
Tobin and no harm will occur to Respondent father if mother returns the children to him on Saturday
June 16 at 5 pm instead of Friday June 12 at 5:00pm since Mother has offered to have father keep the
children through Saturday June 20 at 5:00 pm to make up for the day of custody he would lose during
this period of vacation with Mother.
19. Respondent Lee Oesterling has been representing himself in the custody action and
matters.
20. It is believed that Respondent does not concur with the relief requested in this Petition.
4
21. This matter has been previously assigned to Judge Hess.
22. The parties have a long history of similar custodial disputes and Petitioner Mother
specifically requests the Court appoint a Parenting Coordinator and allocate the fees for the parenting
coordination services fees in the same pro rata allocation of the non covered medical expenses of the
children in the parties'child support order.
WHEREFORE, Petitioner Wendy J. Tobin requests this Honorable Court:
a. grant her request that Andrew Oesterling be permitted to attend his confirmation class
breakfast and confirmation church ceremony on May 31, 2009 from 8:00 am to 12:00 noon; and
b. grant her request that the minor Oesterling children be permitted to attend their annual
one week shore vacation with Petitioner mother from Saturday June 6 to Saturday, June 13, 2009 at
5:00 p.m, and
appoint a Parenting Coordinator for the parties for further custody issues; and
d. grant any other relief this Court deems appropriate
Respectfully Submitted,
JOANNE HARRISON CLOUGH
Attorney I.D. No.: 66378
3820 Market Street
Camp Hill, PA 17011
(717) 737-5890
Attorney for Petitioner Wendy
5
RECEIVED
SEP 1 2 2006
BY:
LEE E. OESTERLING,
Plaintiff
VS.
WENDY J. TOBIN,
Defendant
ORDER
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2451
IN CUSTODY
AND NOW, this day of j a A , 2006, the Agreement
and Stipulation for Entry of Custody Order attached to this Order is hereby adopted and
entered as the order of this Court in this matter.
BY THE COURT,
J.
DISTRIBUTION:
Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043
Joanne H. Clough, Attorney for Defendant, 24 N. 32"d Street, Camp Hill, PA 17011
TRUE Cr" •..... ? ^ '' RD
In Teetimony Pa.? hand
MWAI*a teal oi ?? ? ' :?
or ` &
1
LEE E. OESTERLING,
Plaintiff
V.
WENDY J. TOBIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2451
: CIVIL ACTION -LAW
: IN CUSTODY
AGREEMENT AND STIPULATION FOR ENTRY OF CUSTODY ORDER
AND NOW this day of
2006, come the parties, Lee E.
Oesterling, herein after referred to as "Father", and his counsel, Samuel L. Andes, Esquire, and
Wendy J. Tobin, herein after referred to as "Mother", and her counsel, Joanne Harrison Clough,
Esquire, and file the following Agreement and Stipulation For Entry of Custody Order.
WHEREAS, Father and Mother are the parents of the following three children, namely
Heather E. Oesterling, born March 18, 1992,
Andrew J. Oesterling, born May 29, 1994,
Daniel J. Oesterling, born October 17, 1997
WHEREAS, Father and Mother are divorced and Father filed a Petition for Modification of
Custody in September of 2004 and after the parties completed a Custody Evaluation, they now desire
to enter into an agreement concerning the custody of their minor children;
NOW THEREFORE, each party intending to be legally bound agrees as follows:
1. Mother and Father shall share joint legal custody of the minor children. The
parties agree that major decisions regarding the children, including, but not necessarily limited to, the
children's health, welfare, education, religious training, and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the children's best interest. Each party agrees not to impair the
other party's rights to shared legal custody of the children. Each party agrees not to attempt to
alienate the affections of the children from the other party. Each party shall notify the other of any
activity or circumstance concerning their children that could reasonably be expected to be of concern
J %
to the other. Day to day decisions shall be the responsibility of the parent then having physical
custody. With regard to any emergency decisions which must be made, the parent having physical
custody of the children at the time of the emergency shall be permitted to make any immediate
decisions necessitated thereby. However, that parent 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.
2. Primary physical custody of the minor children shall be with Mother, Wendy J. Tobin
3. School year. During the school year, Father, Lee E. Oesterling, shall have partial
custody of the minor children in accordance with the following schedule:
a. Every Tuesday, commencing when the children are dismissed from school and
continuing until 8:00 p.m;
b. Every other Thursday, commencing from when the children are dismissed
from school until 8:00 p.m.;
C. Alternating weekends, commencing when the children are dismissed from
school on Thursday and continuing until 7:00 p.m. on Sunday.
4. Summer. During the summer school vacation, the parties shall alternate physical
custody of the children on a weekly basis with the parties exchanging the children on Fridays at 5:00
p.m. The summer vacation custody alternating schedule shall commence on the first Friday after
school ends and shall terminate the last Friday before school resumes in the Fall.
5. Transportation. Father shall be responsible to pick the children up at school for the
commencement of his periods of partial custody on school days. On the days when the children do not
have school, Father shall pick the children up at Mother's residence at 3:30 p.m. Mother shall be
responsible to pick the children up at Father's residence at the conclusion of his periods of custody.
The pickup and drop-off can occur at each parent's residence provided the children are driven to the
home and dropped off without the parent who is driving getting out of the vehicle and the parent who
is receiving the children coming to the door to greet them. Unless otherwise specified, the party
receiving custody of the children shall provide the transportation.
6. Alternating holidays. The parents will alternate the following holidays: Easter,
Memorial Day, Fourth of July, Labor Day, and Thanksgiving. The holiday custodial period shall run
from 10:00 a.m. until 7:00 p.m. on each holiday with the exception of Thanksgiving which shall be
r ?.
from Thursday at 10:00 a.m. until Friday at 7:00 p.m. This schedule shall commence with Father
having the children for Labor Day, 2006.
7. Christmas shall be divided into two (2) segments, which segments shall alternate year to
year between the parties. Segment "A" is from December 24 at 5:00 p.m. until Noon on December
25th; Segment "B" is from Noon, December 25th until December 200 at Noon. This schedule will
begin with Mother having Segment "A" in 2006 and all even numbered calendar years.
8. Father shall have custody of the children on Father's Day from 10:00 a.m. until 7:00
p.m. and Mother shall have custody of the children on Mother's Day from 10:00 a.m. until 7:00 p.m.
9. Summer vacations. The parties shall select their vacations with the children to be
exercised during each parties own custody weeks during the alternating week physical custody
schedule.
10. Mechanicsburg Trick or Treat Night. The parties agree to share custody of the
children on Mechanicsburg's annual Trick or Treat Night with Mother having custody of the children
from 6:00 p.m. to 7:00 p.m. and Father having custody from 7:00 to 8:00 p.m. each year.
11. The holiday schedule shall take precedence over the regular custody schedule. Neither
parry may select the other party's summer holiday as part of his or her summer vacation. 12.
During any period of custody or visitation to this Order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties
shall likewise assure, to the extent possible, that other household members and/or house guests comply
with this prohibition.
13. Each parent shall be entitled to reasonable telephone contact with the children when
they are in the custody of the other parent.
14. Neither parent shall permanently relocate if the relocation would necessitate a change in
the visitation schedule or if the relocation would exceed a 50 mile radius without a minimum notice of
60 days to the other parent. The 60 day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed for a court hearing.
15. Both parents shall refrain from making derogatory comments about the other parent in
the presence of the children and to the extent possible shall prevent third parties from making
comments in the presence of the children.
16. Neither party shall do or say anything, including obscene gestures, which may estrange
the children from the other parent, injure the opinion of the children as to the other parent, or hamper
J ?
their free and natural development of the children's love and respect for the other party. Both parents shall
ensure that third parties having contact with the children comply with this provision.
17. Mother and Father may continue to attend family counseling with Deb Salem so that they may
improve their co-parenting skills.
18. The parties shall ensure that Heather is provided with separate sleeping arrangements which
afford the child privacy in both parties' residences. The parties agree that Heather may share a bedroom with
the Father's other daughter during the Father's periods of custody.
19. In the event that either party is more than 30 minutes late to commence their period of custody
and does not contact the other party either prior to or within the 30-minute period, the other party shall not
be required to continue to make the children available for that period of custody and may simply retain custody
of the children until the next time the other parent is scheduled to have custody. If either party has scheduled
an appointment or other obligation in reliance upon the other party's assuming custody of the children, and
in accordance with the partial custody schedule set out in this order, the other party shall be responsible to
make alternate arrangements for the children's transportation and care during his or her period of
unavailability.
20. The parties shall communicate on issues regarding the children by e-mail rather than having the
children serve as messengers whenever possible. Neither party shall harass the other or abuse the e-mail
communication arrangement.
21. 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.
22. The parties desire of this Agreement and Stipulation to be made an Order of Court and request
the attached Proposed Order be entered by the Court.
WHEREFORE, each person signs his or her name here below, intendoTffte-iegally bound.
cs? ?K b (?f - Q__ - ? L -z5-06
Samuel L. Andes //' Date Lee E.
Attorn$v for Plaintiff , /l / /
\l -7-0
Joan Harrison Clou h Date Wendy J. in
Attorney for Defendan
Blank
Joanne H. Clough
From: WENDY TOBIN [tracandwendy@verizon.net]
Sent: Wednesday, April 01, 2009 9:56 AM
To, Lee Oesterling
Cc: Joanne Harrison Clough, P.C.
Subject: Fw: Boys 2nd attempt
--- Original Message ----
From: WENDY TOBIN
To: Lee Oesterlinq
Sent: Thursday, March 26, 2009 10:41 AM
Subject: Boys
Page 1 of 1
Both boys are in this years Passion play and they have mandatory practice on April 5th from 1-5 at the
church.
Andrew has a "confirmation historic trip" in Washington DC (no cost to you) on Saturday April 18th from 7:00
am to 4:30 pm. Because he did not attend the confirmation retreat on Jan 9th and 10th, he must attend this
trip or he may not be confirmed. Please consider allowing him to attend this trip. I can have him give you
information & consent form. They have requested signed forms be turned in as early as possible.
Please respond so that I know this means of communication is effective. Thank you.
5/20/2009 Ey'n" b 4 00-1
Page 1 of 2
Joanne H. Clough
From: Wendy Tobin [tracandwendy@verizon.net]
Sent: Tuesday, May 19, 2009 9:39 PM
To: Lee Oesterling
Cc: Joanne Harrison Clough, P.C.
Subject: 3rd attempt
---- Original Message -----
From: Wendy Tobin
To: Lee Oesterlina
Sent: Sunday, May 17, 2009 1:19 PM
Subject: Re: Daniel
The following is the info I sent you on 4-27 regarding Andrew's confirmation. He does
have an interest in attending this and was not a messenger. If you allow him to go I will
be there at church to meet him at 8 am on May 31st with his dress clothes. You should
also confirm that you have read and understand this message.
I have forwarded information regarding Andrew's confirmation. Please let me know if you will allow him to
be confirmed, so I can follow-up with his interview and other related plans.
Thank you
Dear Confirmands and Parents,
How fast these last two years have flown! ! ! It seems yesterday that we were beginning
confirmation classes, and now we are close to the end of our process. We are so looking forward to
Confirmation Sunday. Hopefully, you are too! As we get ready for confirmation, there are a few things
we need for you to be aware of, so please look at the above list and respond where you need to respond!
1. DATE: May 31 Confirmation is on Pentecost Sunday. Please get the word out to your
family and friends. This is such an important Sunday to us that it is the one Sunday a year
which we gather for one service. The Service of WorShiD begins at 9:30. Earlier, a Breakfast
for Confirmands and their families will be held at 8:00 in the Fellowship Hall.
2. LAST PASTOR'S GROUP: will be on May 24 at 5pm. Be there! I I
3. INTERVIEWS: We meet individually with each confirmand prior to confirmation. Please
respond with your 1st, 2nd, and 3rd choices for a date (see attached list ). We will email you
back asap to confirm your slot. The interviews take about 30 minutes and will be one-on-one
conversations with either Pastor Mike or Pastor Lucretia in their offices.
Bring to the interview: 1. A picture of yourself that YOU want on the screen on
5/20/2009
No. ?
1??.'1?1i6+
Page 2 of 2
Confirmation Sunday! Parents, the kids need to pick these ...for it needs to be something
they really like. 2. Be sure you know if you have been baptized ...and the date if you know
it.
That's it! So, email us back and let us know which dates work for you. We will email you right back
and confirm the slot. First one who gets to us gets the first choice slot!
Have a good week .... see you Sunday! Pastor Mike and Pastor Lucretia
No virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 8.0.238 / Virus Database: 270.12.3/2076 - Release Date: 04/23/09 06:30:00
---- Original Message ----
From: Lee Oesterlirt
To: Wendy-Tobin
Sent: Sunday, May 17, 2009 11:44 AM
Subject: RE: Daniel
Daniel complained one time and has not said anything since. You may want to schedule a
regular appointment as he may have a problem that is developing. On an unrelated note Andrew
said he had confirmation coming up on one of our weekends. You should provide me with this
information as opposed to him having to act as messenger. I need to know the date and time of
confirmation, I will need to know if he has appropriate attire that you will be sending with him
(i.e., suit tie or a blazer). On another note, I am consolidating my e-mail accounts. Please send
all future correspondence to leeandaaulasplace@msn.com. You should also confrim that you
have read and understand this message.
From: tracandwendy@verizon.net
To: custodymattersonly@msn.com
Subject: Daniel
Date: Thu, 14 May 2009 14:29:45 -0400
I just received a call from the nurse that Daniel has been in to see her 3 times today in regards
to a tooth bothering him. He mentioned last evening that his one tooth hurt a little, but never
said anything more. If he continues to complain of pain, please make an appointment with
Doctor Fisher, so he doesn't have to suffer any pain over the weekend. Thanks.
Hotmail@ has ever-growing storage! Don't worry about storage limits. Check_it out.
No virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 8.5.329 / Virus Database: 270.12.32/2118 - Release Date: 05/16/09 17:05:00
5/20/2009
Page 1 of 1
Joanne H. Clough
From: Wendy Tobin [tracandwendy@verizon.net]
Sent: Monday, April 27, 2009 10:42 AM
Cc: Joanne Harrison Clough, P.C.
Subject: Andrew's confirmation
I have forwarded information regarding Andrew's confirmation. Please let me know if
you will allow him to be confirmed, so I can follow-up with his interview and other related
plans.
Thank you
Dear Confirmands and Parents,
How fast these last two years have flown! ! ! It seems yesterday that we were beginning
confirmation classes, and now we are close to the end of our process. We are so looking forward to
Confirmation Sunday. Hopefully, you are too! As we get ready for confirmation, there are a few things
we need for you to be aware of, so please look at the above list and respond where you need to respond!
1. DATE: May 31 Confirmation is on Pentecost Sunday. Please get the word out to your family
and friends. This is such an important Sunday to us that it is the one Sunday a year which we
gather for one service. The Service of Worship begins at 9:30. Earlier, a Breakfast for
Conf.rmands and their families will be held at 8:00 in the Fellowship Hall.
2. LAST PASTOR'S GROUP: will be on May 24 at 5pm. Be there!!!
3. INTERVIEWS: We meet individually with each confirmand prior to confirmation. Please
respond with your 1 sty 2nd, and 3rd choices for a date (see attached list ). We will email you back
asap to confirm your slot. The interviews take about 30 minutes and will be one-on-one
conversations with either Pastor Mike or Pastor Lucretia in their offices.
Bring to the interview: 1. A picture of yourself that YOU want on the screen on Confirmation
Sunday! Parents, the kids need to pick these ...for it needs to be something they really like. 2.
Be sure you know if you have been baptized ... and the date if you know it.
That's it! So, email us back and let us know which dates work for you. We will email you right back
and confirm the slot. First one who gets to us gets the first choice slot!
Have a good week .... see you Sunday! Pastor Mike and Pastor Lucretia
No virus found in this incoming message.
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5/20/2009 E X h" h 4 M o.
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-- Original Message --
From: Lee_Oesterlina
To: Wendy Tobin
Sent: Sunday, May 17, 2009 11:44 AM
Subject: RE: Daniel
Daniel complained one time and has not said anything since. You may want to schedule a
regular appointment as he may have a problem that is developing. On an unrelated note Andrew
said he had confirmation coming up on one of our weekends. You should provide me with this
information as opposed to him having to act as messenger. I need to know the date and time of
confirmation, I will need to know if he has appropriate attire that you will be sending with him
(i.e., suit tie or a blazer). On another note, I am consolidating my e-mail accounts. Please send
all future correspondence to leeandpaulaWlace aQmsn.com. You should also confrim that you
have read and understand this message.
From: tracandwendy@verizon.net
To: custodymattersonly@msn.com
Subject: Daniel
Date: Thu, 14 May 2009 14:29:45 -0400
I just received a call from the nurse that Daniel has been in to see her 3 times today in regards
to a tooth bothering him. He mentioned last evening that his one tooth hurt a little, but never
said anything more. If he continues to complain of pain, please make an appointment with
Doctor Fisher, so he doesn't have to suffer any pain over the weekend. Thanks.
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5/21/2009
?Y4,6+ ?vo. a
'r X h J'"+ u 0 :,L.
_ t
JOANNE HARRISON CLOUGH, PC
ATTORNEY AND COUNSELOR AT LAW
3820 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
717.737-5890
TELEFAX 717-737-5892
Joanne Harrison Clough, Esquire
Email: jhcloug_h agcomcast.net
May 13, 2009
Lee Oesterling, Esquire
659 William Way
Mechanicsburg, PA 17055
Theresa Barrett Male, Esquire
513 North Second Street
Harrisburg, PA 17101
RE: Andrew's May 31, 2009 Confirmation and Oesterling children's June 6th to
Jude 13th 2009 Shore vacation with Wendy
Dear Lee and Theresa:
I am writing this letter to both Lee Oesterling and Theresa Barrett Male, Esquire since Theresa is
representing Lee on other legal matters involving the support of the children. This letter addresses two
custody issues that need to be immediately resolved concerning Daniel and Andrew Oesterling. Wendy
has sent a number of emails to Lee regarding these matters but unfortunately he has failed to respond to
the same.
The first immediate issue that must be resolved is that Andrew is scheduled for his Confirmation
Ceremony with the First United Methodist Church on Sunday, May 31, 2009, which falls on Lee's
weekend. Andrew has been participating in confirmation classes for two years which culminate in his
actual Confirmation Ceremony on May 31, 2009. Wendy did email Lee regarding the mandatory
confirmation retreat that was held in Washington D.C last month during Lee's weekend which Lee did
allow Andrew to attend. However, Lee has failed to respond to Wendy to assure her that he will permit
Andrew to attend his Confirmation Ceremony. Therefore I must ask that you confirm with my office on
or before May 20, 2009 that Lee will allow Andrew to attend his Confirmation Ceremony. In the event
you do not confirm this information by May 20, 2009 I will have no choice but to file a Petition for
Emergency Relief with the Court. I certainly hope it will not come to that. I do not understand why Lee
can not simply respond to the emails Wendy has sent him regarding this subject. It is extremely
important to Andrew that he be able to participate in the Confirmation Ceremony with his peers, since
he has worked for two years to complete his confirmation classes.
r Vv- , Wk+ ICI A. A
Lee Oesterling, Esquire
Theresa Barrett Male, Esquire
Page 2
May 13, 2009
Second, we have the recurring issue of Wendy Tobin's annual family vacation. As Lee is well
aware, since the parties separated, Wendy and her family have rented the same shore property for the
past eight plus years the second week of June. The shore rentals at Long Beach Island, New Jersey are
always Saturday to Saturday and Wendy's family vacation again this year is scheduled during the same
week for Saturday, June 6th to Saturday, June 13th. Wendy had emailed Lee asking that he agree that she
can return the children at 5:00 p.m. on Saturday, June 13th and he can keep them until the following
Saturday at 5:00 p.m. to make up for her having them from Friday, the 12th at 5:00 to Saturday the 13th,
since Friday is the regular exchange date. As you are both well aware, holiday and vacation schedules
take precedent over the regular schedule. Lee has refused to agree to allow Wendy to keep the children
until Saturday, June 13' at 5:00 p.m. The only individuals being hurt by Lee's refusal to cooperate in
permitting Daniel and Andrew to go on their annual family vacation with their mother are Daniel and
Andrew. If Lee refuses to switch this additional day so the children can complete their full vacation
with their mother then Wendy has two options:
a. She can petition the Court for Relief which I am sure will delight Lee in causing Wendy
to engage in additional counsel fees; or
b. Wendy will simply put the boys on a bus at 5:00 or 6:00 a.m. Friday in Long Beach
Island, New Jersey and Lee will have to pick them up Friday afternoon at the closest city that has bus
transportation. Thereby depriving the children of the last 1.5 days of their annual one week vacation
with their mother.
It is really distressing that despite Lee's repeated statements that he is trying to cooperate on
custody issues, that he is refusing to agree to let the children to go their annual shore vacation with their
mother. Lee has apparently told the boys that they must be back, Friday because he plans to take them
to the cabin for that weekend. The children go to the cabin routinely with Lee and certainly this should
not take precedent over having their full week of shore vacation with their mother. Therefore I am
asking that you provide written confirmation that Wendy can keep the children until 5:00 p.m. on June
13, 2009.
Sincerely,
Joanne Harrison Clough
JHC/cll
cc: Wendy Tobin
Blank
Joanne H. Clough
From: WENDY TOBIN [tracandwendy@verizon.net]
Sent: Wednesday, April 01, 2009 9:55 AM
Cc: Joanne Harrison Clough, P.C.
Subject: Fw: Summer vac- 2nd attempt
----- Original Message -----
From: WENDY TOBIN
To: Lee Oesterling
Sent: Thursday, March 26, 2009 10:20 AM
Subject: Summer vac
Page 1 of 1
Our annual vacation to the beach is contracted from 6-6 to 6-13. Would you agree to
receiving the boys on Sunday the 14th at 7 pm and returning them Sunday the 21 st at
7pm? You will then be able to have them all father's day weekend.
Etc ii-t31! NO, q
5/20/2009
Blank
Joanne H. Clough
From: WENDY TOBIN [tracandwendy@verizon.net]
Sent: Wednesday, April 01, 2009 10:01 AM
To: Lee Oesterling
Cc: Joanne Harrison Clough, P.C.
Subject: Fw: Summer vac 2nd attempt
--- Original Message -----
From: WENDY TOBIN
To: Lee Oesterling
Sent: Thursday, March 26, 2009 10:20 AM
Subject: Summer vac
Page 1 of 1
Our annual vacation to the beach is contracted from 6-6 to 6-13. Would you agree to
receiving the boys on Sunday the 14th at 7 pm and returning them Sunday the 21 st at
7pm? You will then be able to have them all father's day weekend.
Yc,
5/20/2009 vkk,?V%? lo
Page 1 of 2
Joanne H. Clough
From: Wendy Tobin [tracandwendy@vedzon.net]
Sent: Wednesday, May 20, 2009 3:17 PM
To: Joanne Harrison Clough, P.C.
Subject: ******E-mails from Lee re: vacation
---- Original Message -----
From: Lee_ Oesterlina
To: Wendy Tobin
Sent: Sunday, April 05, 2009 11:42 AM
Subject: RE: Summer vac 2nd response
" I think it is best for all parties to maintain our correct schedule."
From: tracandwe?verizon.net
To: custodymattersonly@msn.com
Subject: Re: Summer vac 2nd attempt
Date: Sun, 5 Apr 2009 09:03:17 -0400
Will Saturday night work better for you? Then the boys will not have to miss any of
their vacation.
---- Original Message ----
From: Lee Oesterling
To: Wendy Tobin
Sent: Friday, April 03, 2009 8:57 PM
Subject: RE: Summer vac 2nd attempt
" I think it is best for all parties to maintain our correct schedule."
From: tracandwendy@verizon.net
To: custodymattersonly@msn.com
CC: ihclouah a comcast.net
Subject: Fw: Summer vac 2nd attempt
Date: Wed, 1 Apr 2009 10:01:07 -0400
--- Original Message ---
From: WENDY TOBIN
To: Lee O_esterling
Sent: Thursday, March 26, 2009 10:20 AM
Subject: Summer vac
Our annual vacation to the beach is contracted from 6-6 to 6-13. Would you
agree to receiving the boys on Sunday the 14th at 7 pm and returning them
Sunday the 21st at 7pm? You will then be able to have them all father's day
5/21/2009
Page 2 of 2
weekend.
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5/21/2009
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of
the foregoing document by United States First Class Mail to the following individual set forth
below:
Lee Oesterling, Esquire
659 William Way
Mechanicsburg, PA 17055
Date: 5--74 ? G> Jo" Harrison Clo gh Ekuire
Attorney ID No. 364 1
3820 Market Street
Camp Hill, PA 17011
(717) 737-5890
Attorney for Defendant
VERIFICATION
I, Wendy Tobin, hereby verify and state that the facts set forth in the foregoing pleading
are true and correct to the best of my information, knowledge and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unworn verification to authorities.
DATE: S-L/ - 0 j -20p-
Wendy Tobin
Fly 1_, r
OF TH, s <,?Y
2 0, 2 1
J'
ft -Y 7 S
12#. a_ ?- 5-`/ 7 S-
LEE E. OESTERLING, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-2451 CIVIL TERM
WENDY J. TOBIN,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 2./t day of 2009, upon review of the attached Emergency Petition For
Special Relief to Permit Minor Child to Participate in his May 31, 2009 Confirmation and to go
on 9t' Annual One Week Summer Shore Vacation with Mother, it is hereby ORDERED and
DECREED as follows:
A telephone conference shall be held on said Emergency Petition on the
day of May, 2009 at a.m./p.m. OR
A hearing shall be held on said Emergency Petition for the _ day of
May, 2009 at a.m./p.m. in Court Room No. 4 at Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, PA 17013. AND/OR
i
A Rule to Show Cause is issued against the Respondent Lee Oesterling to
show cause, if any, why the attached Petition for Emergency Relief should
not be granted,
his-ease. -A- -&*v a/ 4 poo h 1 cow?.wr - "..'?.?
Rule returnable within 5- days of date of service.
BY THE COURT,
Hess
Dhibution:
?Plaintiff Lee Oesterling, Pro S .
Defendant Wendy J. Tobin
fendant's counsel: Joanne Harrison Clough, Esquire
Parenting Coordinator:
,1:5prw rn?ILLCL
J.
1
u
-
L1J 'b" /__
I
IN THE COURT OF COMMON PLEAS OF THE 9' JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
LEE E. OE?TERLING
Plaintiff
V.
WENDY J. TOBIN
Defendant
NO. 01-2451 Civil Term
Custody
TO RULE TO SHOW CAUSE AND NEW MATTER COUNTERCLAIM
NOW, comes the Respondent/ Plaintiff, Lee E. Oesterling, pro se, and in answer to Defendant
/Petitioner's I Emergency Petition for Special Relief avers as follows:
1.
2.
3.
4.
5.
1 is admitted.
2 is admitted with the correction that Plaintiff resides at 659 "William" Way as
to "Williams" Way. All other aspects of the address are correct.
3 is admitted.
4 is admitted.
is without information sufficient to form a belief as to the amount of time that the
son Andrew has attended the First United Methodist Church as averred in paragraph 5.
admits that Andrew is 14 y/o, will be 15 on May 29, 2009 and has attended the
for a few years now.
6
is without information sufficient to form a belief as to when the parties son
started his confirmation and religious classes as averred in paragraph 6. By way of
!further answer, Respondent admits that he first received notice of the confirmation date of
31" on Thursday May 21, 2009. By way of further answer, Respondent did not receive
response until after he sent several specific a-mails reasonably requesting that
provide him with details on the date and times of Andrew's confirmation and
indicating that he needed specifics so he and other family members could attend,
the custody schedule and schedule around other events.
7. Paragraph 7 is admitted with clarification. By way of further answer, Respondent admits
he first received notice of the confirmation date of May 31 ' and specifics about the
on Thursday May 21, 2009. By way of further answer, Respondent sent several
e-mails reasonably requesting Petitioner provide him with details on the date and
of Andrew's confirmation and indicating that he needed specifics so he and other family
could attend and also so Petitioner could coordinate the custody schedule and
around other events. Respondent further notes that the e-mail attached to
Petition as exhibit 1-B and which Petitioner alleges to have sent on April
2009 is conspicuously missing a recipient address and as such is suspect in terms of
proffer as evidence and potentially fraudulent.
8. Paragraph 8 is admitted in part and denied in part. Respondent specifically denies receiving
e-mails from Petitioner regarding the confirmation prior to May 21, 2009. By way of
answer it was vague communications from the parties son Andrew that led to
sending several a-mails to Petitioner requesting specific information regarding the
service and also indicating his consent thereto. A true and correct copy of the e-
chain which Respondent sent and received no response until May 21 " is attached hereto as
! ,
Exhibit "A". Respondent admits that on Saturday April 18, 2009 he took Andrew to the church
7:00 a.m., gave him money for his trip, prepared a meal for his lunch and picked Andrew
at 5:00p.m. Respondent further admits that he did this so Andrew could complete his
for confirmation. Respondent further admits that it would be logically
for Respondent to take the extra time and effort to help Andrew complete his
requirements only to thwart that goal as Petitioner's pleading suggests.
9. Paragraph 9 is admitted in part and denied in part. It is specifically denied that Respondent
to respond to Petitioner's a-mails as he received no a-mails from Petitioner
the confirmation until May 21st 2009 and only after sending four separate
requests for information (see Exhibit A which is a read only e-mail chain).
way of further answer the first time father saw the information was in a message that was
to the end of an e-mail chain and dated May 17, 2009 and sent as a response on May 21'
the date Petitioner and her counsel filed the Petition in this matter. The content of the
in which Petitioner and her counsel referenced as an "admonishment " in the averment
as follows: "Please provide me with the date and other specifics about Andrew's
Once again he is indicating that it is coming up but he has no details and
am sure you can appreciate the fact that we need to make plans to be there. You
really be the one providing this information as the children should not be
and they are not the most informative anyway." The statement "we need to
plans to be there" is a clear indication that Respondent agrees and consents but simply
more information. Respondent admits that the child Andrew has told him about
but was unable to provide date, time, dress requirements etc. Respondent further
f
admits that Andrew has been used by Petitioner not only as a messenger (albeit a not very
informative messenger) but that Petitioner has been using the parties minor children Daniel and
Andrew as messengers to convey Petitioner's dissatisfaction with her vacation schedule as
indicated by the children making statements such as " my mom says you ruining our vacation
!week." Furthermore Petitioner has asked the children to intervene in adjusting the schedule.
IBy way of example, when father recently responded to the children's overtures in this regard
telling them it is the adults responsibility to make plans on their own time, one of the
responded by telling father "my mom says your plans don't matter." Respondent is
because Petitioner has a history of not providing information regarding the
's activities where she wishes to exclude him from participation. For example,
failed to provide Respondent with any details about his oldest daughter Heather's
activities and as such respondent was denied the opportunity to participate in the
service.
10. Respondent is without information sufficient to form a belief as to the majority of the
in paragraph 10 and as such they are denied. Respondent specifically denies
of when the letter was sent and /or that the letter needed to be sent. By way of
answer, Respondent had already responded to Petitioner's vacation request on at least
occasions and sent several inquiries directly to Petitioner regarding the confirmation after
made aware of an unknown but pending date by the parties child Andrew. Respondent,
denies the veracity of Petitioner's statement regarding the times for Petitioner's
rental as there is no proof or best evidence of the dates in question (e.g. a rental
Additionally, prior history indicates that the rental has actually run from Saturday
r
through Friday (see Respondent's New Matter), and the Court Order which Petitioner's
prepared, attached as an exhibit and to which her client for the second year in a row
willfully ignored prohibits the scheduling of vacation during the other parties week of
during the summer. (paragraph 9)
11. Respondent specifically denies the allegation in paragraph 11, that he failed to respond to the
dated May 13, 2009 or that he needed to do so for the reasons already stated
in. Respondent believes that it is inappropriate and irrelevant to comment on a police
that has been referred to the District Attorney by the appropriate authorities. By way
further answer, Joanne Clough has been repeatedly asked not to contact Respondent due to a
of harassing, frivolous and ethically questionable actions directed towards Respondent
his family. By way of further example. Attorney Clough on at least three occasions has
a cease and desist request filed with the Upper Allen Police in September of 2007.
Clough called Petitioner at his residence after the death of his father-in-law to
meritless contempt proceedings against Respondent due to a counselor rescheduling a
counseling session and to which Respondent had no involvment. Attorney Clough
threatened Respondent with meritless contempt charges when he was twice hospitalized
recuperating from near fatal illnesses. Put more succinctly, Attorney Clough's personal
ius and transference issues with the Respondent have led to her engaging in conduct that
cts poorly upon her as an officer of the court.
12. Paragraph 12 is admitted. By way of further answer Respondent agrees and always has agreed
his son's confirmation. In fact, once the information was provided for the frist time on May
!1,2009 Respondent sent an e-mail giving unequivocal consent. Respondent's only complaint
regarding the confirmation was that he did not have the information necessary to comply with
?he request. (See Exhibit "A"). Accordingly respondent believes that the whole issue of the
was a "tag along" issue to Petitioner's attempt to unilaterally alter the parties
regarding vacation schedules.
13. Respondent is without information sufficient to form a belief as to the majority of the
in paragraph 13 and as such they are denied. Respondent specifically denies
of any contract dates as no contract or rental agreement has been produced. By
Petitioner has had flexibility in her vacation dates. For example in 2001 Respondent
took her shore vacation from Saturday June 16, 2001 until Friday June 23, 2001. Respondent
? rther notes that in that same year Petitioner scheduled her vacation to include father's
weekend and the Father's Day holiday (June 17, 2001) and only advised father after the fact.
the unilateral 2001 vacation notice is attached hereto as Exhibit `B"). In 2005, Petitioner
gain served unilateral notice on Respondent of her intent to go to Long Beach Island from
?une 10, 2005, (a Friday), until June 18, 2005, (a Saturday), and again used part of Father's
weekend (the unilateral vacation notice for 2005 is attached hereto as exhibit "C"). In July of
,006 Petitioner's attorney, Joanne Clough, insisted on providing a comprehensive Custody
that she had reviewed and negotiated with her client. That Agreement sought the
provision regarding the parties vacation schedules which is now part of the current
Order dated September 18'h 2006 (attached as Exhibit to Petitioner s Petition) and which
in relevant part " ...9. Summer vacations. The parties shall select their vacations with
children to be exercised during each parties own custody weeks during the alternating
custody schedule. (Agreement prepared by Petitioners counsel attached as Exhibit "D")
In Spring of 2008 after learning that Respondent intended to take his sons camping over his
in June, Petitioner again scheduled her vacation to coincide with Father's weekend
had been planned in advance. After a conciliation hearing was held and Petitioner
that she had to have until Saturday respondent reluctantly agreed to forfeit his plans.
otwithstanding Petitioner still brought the children back from New Jersey on a Friday
having now made Respondent's plans moot and irretrievable. Respondent notes that
itioner and her counsel continue to make value judgments regarding Respondent's vacation
and have by history influenced the children to do the same. Consequently, Respondent
ieves as such that allowing Petitioner to continue to schedule her vacations in direct defiance
the Court Order is unjust to Respondent who has adhered to the terms of that order and sends
message to the children that Petitioner's conduct involving them in negotiating the custody
is valid. By way of further answer it is inappropriate for Petitioner to unilaterally
the custody order and then unilaterally determine when respondent should receive make up
14. The averments in paragraph 14 are denied for the same reasons as set forth in paragraph 13.
15. Paragraph 15 is admitted with clarification. Respondent again has plans which will be ruined
Petitioner's "need" to extend her 1 week of vacation to Saturday June 13, 2009.
16. Respondent is without information sufficient to form a belief as to whether the vacation would
to end a day early as mother has provided no documented evidence in support thereof. By
of further answer, Respondent's plans will once again have to be compromised
the fact that he had the foresight to plan according to the existing Court
Conversely, Petitioner, who has by history ignored the Court Order , used the
.
vacation schedule as a wedge issue and unilaterally determined when she will not follow
should not be rewarded by again frustrating Respondent's plans with the children
their sibling Kelcey to make her travel schedule more convenient. By way of even further
it is inappropriate for Petitioner to unilaterally defy the custody order and then
determine when respondent should receive make up time.
17. Paragraph 17 is admitted with clarification. By way of further answer it is inappropriate for
to benefit from poor planning while simultaneously depriving the children of
time with Respondent/Father who showed good judgment in planning in accordance
the Order of Court, (which was prepared and agreed to by Petitioner and her counsel ).
, and most importantly, the Petitioner comes to the Court with unclean hands
she has failed to truly consider the children's best interests in circumstances where there
st clear issues regarding the impact of schedule changes on the well being of the children.
way example, on December 13, 2007, Respondent / Father requested that mother consider a
time change of his Thursday through Sunday evening weekend to a Friday through
morning weekend due to severe icing conditions at or about the time of the Thursday
. Petitioner mother refused and offered only a rigid adherence to the custody schedule
response. Respondent believes that Petitioner refused because she did not wish to offer
time to Father and thereby presented him with a Hobson's choice regarding the
of custody in inclement and dangerous weather conditions (A copy of the e-mail and
itioner's response is attached hereto as Exhibit "E") Respondent believes that this e-mail
betrays Petitioner's state of mind in that she is only willing to agree to alterations of
custody schedule for Respondent if there is net loss of time for Respondent regardless of
whether the intent of the change impacts the safety and well being of the children. Respondent
notes that Petitioner and her attorney (who was copied the message) were aware that
was recuperating from a severe illness at that time and was already concerned
lost time with his children.
18. Paragraph 18 is denied for the same reasons set out herein in paragraph 17 and preceeding.
19. Admitted. By way of further answer, Petitioner is represented by her third legal counsel in the
parties dome?stic matters.
20. )paragraph 20 is admitted in part denied in part. Respondent agrees that Andrew should attend
and therefore concurs in that regard without the need for adjudication of that issue or as a
stated agreement. Respondent does not concur with the vacation request or the request for a parenting
coordinator finless Petitioner agrees to pay all costs associated with the use of a parenting coordinator.
21. Parazraph 21 is admitted.
22. Oaragraph 22 is admitted in part and denied in part. It is admitted that the parties have a history
of custodial disputes, however, and by way of further answer. These disputes are fostered by Petitioner /
Mother's onjoing alienation of the children against Respondent, her manipulative and vexatious misuse of
the Courts a*d her failure as in this instance to be responsive to request for information. It is denied that a
Parenting Coordinator is necessary or that the cost should be borne by Respondent. Respondent submits
that mother vas more interested in ignoring messages regarding the minor child Andrew's confirmation so
she could being this action than she was in just providing the information necessary for Respondent to
assure the child's attendance. Furthermore, the issue of vacation schedules was resolved almost three
years ago ?y a consent order that mother has now sought to alter on an ad hoc basis thereby creating
conflict where there was none and manipulatively blaming respondent and using the children as
V
intermediaries to justify her position in not adhering to the Order of Court. Accordingly, if a Parenting
Coordinator were necessary , the onerous costs of such a service should be borne 100% by the mother as a
deterrent to misuse of the courts and legal process
NEW MATTER AND COUNTERCLAIM
Petitioner c
to the Court with Unclean Hands / Petitioner is in Contempt of the Current Order of Court
23. P graphs 1 through 22 are incorporated by reference thereto.
24. Petitioner/ Mother has on numerous occasions in the past scheduled her vacations either on
;pondent s custodial time including the Father's Day holiday.
25. Pe itioner has on past occasion has scheduled her annual shore vacations on a Saturday to Friday
schedule de?pite her insistence that this is not possible. (see Exhibit"B " and Exhibit "C")
26. Petitioner negotiated an agreement of custody that provides that neither party would use the other's
scheduled custodial time for their vacation.
27. Thi? agreement was in part reached as a result of Petitioner / Mother's past abuses of the schedule
in an effor? to reduce Respondent's time with his children and the parties acceptance of a custody
evaluation which recognized that Mother was alienating the children from Respondent and also utilizing
the children to attempt resolve schedule conflicts with the Respondent.
28. =Order was prepared by Petitioner's counsel at her insistence (see Exhibit "D")
29. of the current Order is clear, unambiguous and unequivocal.
30.
schedule
has by history sought to utilize the unequivocal language of the Order to Deny
even when such changes impact the well being and safety of the children (see Exhibit
«E„)
V
31. Petit Toner has by history sought to utilize the unequivocal language of the Order to deny schedule
changes th?t provide makeup time to the Respondent, especially when she has not received a desired
outcome in collateral proceedings.
32. Petitioner has willfully scheduled her vacation in direct defiance of the current Order of Court.
33. Pet4ioner has involved the children in trying to support her willful disregard of the court Order
despite the ?rder providing that the children not be used as messengers and despite the fact that a custody
of Dr. Arnold Sheinvold, (previously provided to the Court) suggests that ongoing
conduct of this nature should result in a transfer of primary custody of the children to Respondent.
34. Respondent has incurred costs as a result of having to respond to Petitioner's willful disregard of
the Court (order. These costs are in the form of Petitioner having to divert his time to responding to
Petitioner's useless allegations notwithstanding Respondent's own compliance with the current Order of
Court. As s4ch Respondent has spent five hours of his own time at an opportunity cost of $200.00 per hour
or $1,000.00 in counsel fees to respond to this matter.
Respondent Lee E. Oesterling, respectfully requests this Honorable Court:
a. Allow Andrew Oesterling to attend his confirmation as scheduled with the proviso that
Petitioner promptly provide thorough and timely information regarding the children's activities in the future
and in accordance with the parties shared legal custody of the children.
b. Transfer primary physical custody of the parties children to Respondent as a result
of Petitioner's ongoing alienation of the children and as deterrent thereto and further as a means of
protecting tl?e children's best interests.
N
c. Deny Petitioner's request for extension of her vacation time and disruption of
Respondent' ? time.
d. Find Petitioner in Contempt and immediately Order her to pay Respondent the sum of
$1,000.00 asl reasonable attorneys fees.
e. Order Petitioner to bear 100% of the costs of a Parenting Coordinator should a
coordinator 1¢e appointed.
f. Order such other relief the Court deems necessary.
Lee E. Se
659 William ay
Mechanicsburg, PA 17055
(717)69 1-935
Page 1 of 2
Lee and Paula Oesterlin
From: "Le and Paula Oesterling" <leeandpaulasplace@msn.com>
To: <tra andwendy@verizon.net>
Sent: Thu sday, May 21, 2009 12:12 AM
Subject: FW:I Andrews Confirnration Date (3rd Attempt)
From: leeandraulasplace@msn.com
To: tracandwendy@verizon.net
Subject: FW: Andrews Confirmation Date (3rd Attempt)
Date: Thu, 21 May 2009 00:11:46 -0400
I will not be ble to get Daniel and andrew after school tommorrow because of something
unexpected t at I need to take care of. Unfortunately I will also be home later and it
would allow v ry little time with them, so I would suggest you just keep them.
Please confirnj that you received this message.
This is also th? 3rd request for info regarding Andrew's confirmation. Is there a reason
you are not r sponding?
From: leeand aulasplace@msn.com
To: tracandwe!ndy@verizon.net
Subject: Andrews Confirmation Date (2nd Attempt)
Date: Tue, 19 May 2009 19:39:53 -0400
Please provide me with the date and other specifics about Andrew's confirmation. Once
again he is indicating that it is coming up but he has no details and I am sure you can
appreciate the fact that we need to make plans to be there. You should really be the one
providing this information as the children should not be messengers and they are not the
most informs ive anyway.
From: custod)fmattersonly@msn.com
To: leeandpatilasplace@msn.com
Subject: FW: Daniel
Date: Tue, 1 May 2009 19:33:39 -0400
From: custod mattersonly@msn.com
To: tracandw ndy@verizon.net
Subject: RE: aniel
Date: Sun, 1 May 2009 11:44:41 -0400
Daniel comp) ined one time and has not said anything since. You may want to schedule a
regular appointment as he may have a problem that is developing. On an unrelated
note Andrew aid he had confirmation coming up on one of our weekends. You should
provide me with this information as opposed to him having to act as messenger. I need to
1xhp6 n //
5/27/2009
Page 2 of 2
know the date' and time of confirmation, I will need to know if he has appropriate attire that you
will be sendin with him (i.e., suit tie or a blazer). On another note, I am consolidating my e-mail
accounts. Ple se send all future correspondence to leeandpaulasplace@msn.com. You should
also confrim t at you have read and understand this message.
From: tracand endy@verizon.net
To: custodym ttersonly@msn.com
Subject: Daniel
Date: Thu, 14 May 2009 14:29:45 -0400
I just receives
a tooth bother
anything more
Fisher, so he
Hotmail@ has
a call from the nurse that Daniel has been in to see her 3 times today in regards to
ing him. He mentioned last evening that his one tooth hurt a little, but never said
. If he continues to complain of pain, please make an appointment with Doctor
oesn't have to suffer any pain over the weekend. Thanks.
lever-growing storage! Don't worry about storage limits. Check it out.
5/27/2009
WON TOW
1002 South Market Street - Mechanicsburg, PA 17055
Phone 717-790-0426
April 12, X001
Dear Lee,
I wanted to notify you now of the children's vacation to the shore in June. We
will leave June 16th and return on the 23rd.
Enclosed is the copy of the canceled check you requested for Heather's
basketball program in February.
Please, alto find copies of Heather and Andrew's 3rd quarter report cards.
If you ha`
Thanks,
Wendy
any questions, please let me know.
xh/h/t 116 ?.
MMMMM4
.<1---"
(*4 5d7?
1002 South Market Street
Mechanicsburg, PA 17055
717-790-0426
............................................................................................
4-4-05
Dear
Daniels conference is 4-14-05 @ 4:45 and Andrew's conference is April 14u' @ 5:15
pm.
This 1 er is to also notify you about the dates of our vacation. We will be going to Long
Beach Island, New Jersey, as we have for the past 4 years. The dates are from June 101'
until the 18'h. If you would like to contact the children on vacation, please contact them
at 319--0074. We will also have a week during mid August, but I'm not certain of the
dates. I will contact you when I know. This vacation will take place in Pennsylvania.
Please confirm in writing when your vacation is and where you will be going. Please
also in lude a direct phone number that I can reach the children at, while they are on
vacation with you.
I would appreciate if you would provide me with your current address and phone number,
as it has been 3 weeks since the children have been spending time at your new residence
and I o believe it would be reasonable for me to know where they are. Furthermore, if
you wish to continue dropping the children off at my home after their visits, then we need
to disc ss any temporary changes in the custody agreement with Dr. Shienvold.
Thank you for your attention to these matters,
Wendy
I
i
i
I
I
I
Cc: Joanne Harrison Clough
,e,xh1? ? # C /i
FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:36PM P2
JOANNE HARRISON CLOUGH, PC
ATTORNEY AND COUNSELOR AT LAW
24 N. 32" STREET
CAMP HILL, PENNSYLVANIA 17011
717-737-5890
TELEFAX 717-737-5892
Via facsimib
Samuel L. A
525 North 'r
PO Box 168
Lemoyne, P.
and regular mail
Ides, Esquire
iclfth Street
17043
July 24, 2006
RE:
Dear Sam:
lam
the above re
Orders and
agreed to. I
instead of is
effect.
Oesterlint v Tobin: Proposed Custody Order/Agreement
enclosing a draft of a Custody Agreement and Proposed Order which I prepared in
'erenced case. I have used the actual language from all of the previous Custody
dded the physical custody revisions Dr. Shienvold recommended and our clients
I this case, I believe it is necessary to have one Order for the parties to refer to
suing a new order that continues to refer back to the previous orders as remaining in
I am enclosing two versions of the Agreements. The first simply includes references in
bold to the actual court order the language was adopted from for each provision of the
agreement. The second proposed agreement is the one the parties should actually sign, and I
have remov the references to the orders in that draft.
Plea:
questions or
review the draft Agreement/Order with Lee and contact me if there are any
;visions that you believe need to be made to the Order.
Sincerely, r
Joan a Harrison Clough -
JCWpc
Cc: Wendy ?obin
?? a .?
;Ex h1,6 1 /-
FROH :JOANNE HARRI'SON CLOUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:36PM P3
LEE E. OSTERLING, : 1N THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
i
vs. : DOCKET NO. 01-2451
I
CHILD CUSTODY
WEND' J. TOBIN,
Defendant
ORDER OF COURT
i
I
?ND NOW this day of -,the attached
STIPU ATION is hereby approved and made an Order of this Court.
Dated:
i
J.
FROM :JOANNE HARRIISON CLOUGH,P.C.
?Ofe'e- 0
LEE E.
ERLING,
Plaintiff
WENDY J.
V.
TOBIN,
Defendant
FAX NO. :7177375892 Jul. 24 2006 04:36PM P4
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2451
: CIVIL ACTION -LAW
: IN CUSTODY
NOW this day of , 2006, come the parties, Lee E.
Oesterling, .erein after referred to as "Father", and his counsel, Samuel L. Andes, Esquire, and
Wendy J. T bin, herein after referred to as "Mother", and her counsel, Joanne Harrison Clough,
Esquire, and file the following Agreement and Stipulation For Entry of Custody Order.
Father and Mother are the parents of the following three children, namely
Heather E. Oes-terling, born March 18, 1992,
Andrew J. Oesterling, born May 29, 1994,
Daniel J. Oesterling, born October 17, 1997
REAS, Father and Mother are divorced and Father filed a Petition for Modification of
Custody in , eptember of 2004 and after the parties completed a Custody Evaluation, they now desire
to enter into an agreement concerning the custody of their minor children;
THEREFORE, each party intending to be legally bound agrees as follows:
1. Mother and Father shall share joint legal custody of the minor children. The
parties agree that major decisions regarding the children, including, but not necessarily limited to, the
children's health, welfare, education, religious training, and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following harmonious policy in the children's best interest. Each party agrees not to impair the
other party's rights to shared legal custody of the children. Each party agrees not to attempt to
alienate the affections of the children from the other party. Each party shall notify the other of any
FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:37PM P5
activity or eitcumstance concerning their children that could reasonably be expected to be of concern
to the other. Day to day decisions shall be the responsibility of the parent then having physical
custody. Wi h regard to any emergency decisions which must be made, the parent having physical
custody of the children at the time of the emergency shall be permitted to make any immediate
decisions necessitated thereby. However, that parent shall inform the other of the emergency and
consult wi 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 giv to either party as a parent. (Custody Order of Feb. 15, 2002)
2. Primary physical custody of the minor children shall be with Mother, Wendy J. Tobin.
(February 15, 2002)
3. School year. During the school year, Father, Lee E. Oesterling, shall have partial
custody of t e minor children in accordance with the following schedule:
a. Every Tuesday, commencing when the children are dismissed from school and
continuing until 8:00 p.m;
b. Every other Thursday, commencing from when the children are dismissed
from schoo? until 8:00 p.m.;
C. Alternating weekends, commencing when the children are dismissed from
school on Thursday and continuing until 7:00 p.m. on Sunday.
(previous Orders and per recommendation from Dr. Shienvold)
4. Summer. During the summer school vacation, the parties shall alternate physical
custody of the children on a weekly basis with the parties exchanging the children on Fridays at 5:00
p.m. The summer vacation custody alternating schedule shall commence on the first Friday after
school ems and shall terminate the last Friday before school resumes in the Fall. (Per
recommendation of Dr. Shinevold)
5 Transportation. Father shall be responsible to pick the children up at school for the
commence ent of his periods of partial custody on school days. On the days when the children do not
have school, Father shall pick the children up at Mother's residence at 3:30 p.m. Mother shall be
responsible to pick the children up at Father's residence at the conclusion of his periods of custody.
The picku and drop-off can occur at each parent's residence provided the children are driven to the
home and mopped off without the parent who is driving getting out of the vehicle and the parent who
is receiviul r, the children coming to the door to greet them. Unless otherwise specified, the party
FROM :JOANNE HARRISON CLDUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:37PM P6
receiving custody ol'the children shall provide the transportation.
(Fcb uary 15, 2002 Court Order)
6. Alternating holidays. The parents will alternate the following holidays: Easter,
Memorial D y, Fourth of July, Labor Day, and'Thanksgiving. The holiday custodial period shall run
from 10:00 .m. until 7:00 p.m. on each holiday with the exception of Thanksgiving which shall be
from Thurs ay at 10:00 a.m. until Friday at 7:00 p.m. This schedule shall commence with Father
having the children for Labor Day, 2006. (Feb. 15, 2002 Custody Order)
7. Christmas shall be divided into two (2) segments, which segments shall alternate year to
year betwee the parties. Segment "A" is from December 24 at 5:00 p.m. until Noon on December
251x'; Segmm t "13" is from Noon, December 25"' until December 26d' at Noon. This schedule will
begin with other having Segment 'W' in 2006 and all even numbered calendar years.
(February 15, 2002 Order)
8. Father shall have custody of the children on Father's Day from 10:00 a.m. until 7:00
p.m. and Mother shall have custody of the children on Mother's Day from 10:00 a.m. until 7:00 p.m.
( February 15, 2002 Order)
9. Summer vacations. The parties shall select their vacations with the children to be
exercised during each parties own custody weeks during the alternating week physical custody
schedule.
(ve Dr. Shienvold's recommendation)
10. Mechanicsburg Trick or Treat Night. The parties agree to share custody of the
children on Mechanicsburg's annual Trick or Treat Night with Mother having custody of the children
from 6:00 .m. to 7:00 p.m. and Father having custody from 7:00 to 8:00 p.m. each year. (Per prior
agreement and practice of the parties)
11. The holiday schedule shall take precedence over the regular custody schedule. Neither
party may select the other party's summer holiday as part of his or her summer vacation. (Per
recommendation of Dr. Shienvold)
12. During any period of custody or visitation to this Order shall not possess or use any
controlled ubstance, neither shall they consume alcoholic beverages to the point of intoxication. The
parties shat likewise assure, to the extent possible, that other household members and/or house guests
comply with this prohibition.
(February 15, 2002 Order)
FROM :JOANNE HARRI!SON CLOUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:37PM P7
13. Each parent shall be entitled to reasonable telephone contact with the children when
they are in th custody of the other parent.
( Feb ary 15, 2002 Order)
14. Neither parent shall permanently relocate if the relocation would necessitate a change in
the visitation schedule or if the relocation would exceed a 50 mile radius without a minimum notice of
60 days to the other parent. The 60 day notice is designed to afford the parents an opportunity to
renegotiate a custodial arrangements or to have the matter listed for a court hearing.
( Fe ruary 15, 2002 Order)
15. Both parents shall refrain from making derogatory comments about the other parent in
the presence. of the children and to the extent possible shall prevent third parties from making
comments i the presence of the children.
( February 15, 2002 Order)
16. Neither party shall do or say anything, including obscene gestures, which may estrange
the children rom the other parent, injure the opinion of the children as to the other parent, or hamper
their free an natural development of the children's love and respect for the other parry. Both parents
shall ensure :hat third parties having contact with the children comply with this provision.
(Nn ber 19, 2004 Order)
17. Mother and Father shall continue to attend family counseling with Deb Salem so that
they may im rove their co-parenting skills.
( February 15, 2002 Order and Dr. Shienvold Recommendation)
18. The parties shall ensure that Heather is provided with separate sleeping arrangements
which afford the child privacy in both parties' residences. The parties agree that Heather may share a
bedroom wi. the Father's other daughter during the Father's periods of custody.
(November 19, 2004 Order)
19. In the event that Father is more than 30 minutes late for a period of custody and does
not contact Mother either prior to or within the 30 minute period, the Mother shall not be required
to continue make the children available for the period of custody. 1n the event that Mother has made
an appointment or other obligation in reliance upon the Father assuming custody ofthe children, and in
accordance with the partial custody schedule, then Father shall be responsible to make alternate
arrangemenits for the children's transportation and care during his period of unavailability.
( No ember 19, 2004 Order)
FROM :JOANNE HARR I'SON CLOUGH, P. C.
FAX NO. :7177375892 Jul. 24 2006 04 : 38PM P8
20. The parties shall communicate on issues regarding the children by e-mail rather than
having the children serve as messengers whenever possible. Neither party shall harass the other
or abuse the -mail communication arrangement. (May 5, 2006 Order)
21. The parties may modify the provisions of this Order by mutual consent. In the absence
of mutual consent, the terns of this Order shall control.
22. The parties desire of this Agreement and Stipulation to be made an Order of Court and
request the attached Proposed Order be entered by the Court.
each person signs his or her name here below, intending to be legally bound.
Samuel L. des, Esquire
Attorney fo Plaintiff
Joanne H
Attorney
Date ?..__
lime
Lee Oesterling
Wendy J. Tobin
son Clough, Esq.
Defendant
FROM :JOANNE HARRISON CLOUGH,P.C.
FAX NO. :7177375892 Jul. 24 2006 04:38PM P9
LEE E. OESTERLING, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 01-2451
WENDY J. TOBIN, : CIVIL ACTION -LAW
Defendant : IN CUSTODY
NOW this day of , 2006, come the parties, Lee E.
Oesterling, ?crein after referred to as "Father", and his counsel, Samuel L. Andes, Esquire, and
Wendy J. T bin, herein after referred to as "Mother", and her counsel, Joanne Harrison Clough,
Esquire, an file the following Agreement and Stipulation For Entry of Custody Order.
Father and Mother are the parents of the following three children, namely
Heather E. Oesterling, born March 18, 1992,
Andrew J. Oesterling, born May 29, 1994,
Daniel J. Oesterling, born October 17, 1997
.REAS, Father and Mother are divorced and Father filed a Petition for Modification of
Custody in eptember of 2004 and after the parties completed a Custody Evaluation, they now desire
to enter int an agreement concerning the custody of their minor children;
THEREFORE, each party intending to be legally bound agrees as follows:
1. Mother and Father shall share joint legal custody of the minor children. The
parties afire that major decisions regarding the children, including, but not necessarily limited to, the
children's health, welfare, education, religious training, and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following harmonious policy in the children's best interest. Each party agrees nafto impair the
other party' s rights to shared legal custody of the children. Each party agrees not to attempt to
alienate the affections of the children from the other party. Each party shall notify the other of any
FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:36PM P10
activity or c retunstance concerning their children that could reasonably be expected to be of concern
to the other Day to day decisions shall be the responsibility of the parent then having physical
custody. With regard to any emergency decisions which must be made, the parent having physical
custody of he children at the time of the emergency shall be permitted to make: any immediate
decisions necessitated thereby. However, that parent shall inform the other of the emergency and
consult wit him or her as soon as possible. Each party shall be entitled to complete and full
informatio from any doctor, dentist, teacher, professional, or authority and to have copies of any
reports given to either party as a parent.
2. Primary physical custody of the minor children shall be with Mother, Wendy J. Tobin
3. School year. During the school year, Father, Lee E. Oesterling, shall have partial
custody of he minor children in accordance with the following schedule:
a. Every Tuesday, commencing when the children are dismissed from school and
continuing ntil 8:00 p.m;
b. Every other Thursday, commencing from when the children are dismissed
from school until 8:00 p.m.;
C. Alternating weekends, commencing when the children are dismissed from
school on 11ursday and continuing until 7:00 p.m. on Sunday.
4. Summer. During the summer school vacation, the parties shall alternate physical
custody of he children on a weekly basis with the parties exchanging the children on Fridays at 5:00
p.m. The ummer vacation custody alternating schedule shall commence on the first Friday after
school end and shall terminate the last Friday before school resumes in the Fall.
5. Transportation. Father shall be responsible to pick the children up at school for the
commence ent of his periods of partial custody on school days. On the days when the children do not
have school, Father shall pick the children up at Mother's residence at 3:30 p.m. Mother shall be
responsible to pick the children up at Father's residence at the conclusion of his periods of custody.
The pick-up and drop-off can occur at each parent's residence provided the children are driven to the
home and dropped off without the parent who is driving getting out of the vehicle and the parent who
is receiving the children coming to the door to greet them- Unless otherwise specified, the party
receiving custody of the children shall provide the transportation.
6. Alternating holidays. The parents will alternate the following holidays: Easter,
Memorial ay, Fourth of July, Labor Day, and Thanksgiving. The holiday custodial period shall run
FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:38PM P11
from 10:00 • .m. until 7:00 p.m. on each holiday with the exception of Thanksgiving which shall be
from Thursday at 10:00 a.m. until Friday at 7:00 p.m. This schedule shall commence with Father
having the a 'ldren for Labor Day, 2006.
7. Christmas shall be divided into two (2) segments, which segments shall alternate year to
year betwee the parties. Segment "A" is from December 24 at 5:00 p.m. until Noon on December
25'h; Segme t "B" is from Noon, December 256 until December 26th at Noon. This schedule will
begin with other having Segment "A" in 2006 and all even numbered calendar years.
8. Father shall have custody of the children on Father's Day from 10:00 a.m. until 7:00
p.m. and Mo her shall have custody of the children on Mother's Day from 10:00 a.m. until 7:00 p.m.
9. Summer vacations. The parties shall select their vacations with the children to be
exercised du ' g each parties own custody weeks during the alternating week physical custody
schedule.
10. Mechanicsburg Trick or Treat Night. The parties agree to share custody of the
children on echanicsburg's annual Trick or Treat Night with Mother having custody of the children
from 6:00 p.m. to 7:00 p.m. and Father having custody from 7:00 to 8:00 p.m. each year.
11. The holiday schedule shall take precedence over the regular custody schedule. Neither
party may Select the other party's summer holiday as part of his or her summer vacation. 12.
During any period of custody or visitation to this Order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties
shall likewise assure, to the extent possible, that other household members and/or house guests comply
with this pro 'bition.
13. Each parent shall be entitled to reasonable telephone contact with the children when
they are in th custody of the other parent.
14. Neither parent shall permanently relocate if the relocation would necessitate a change in
the visitation schedule or if the relocation would exceed a 50 mile radius without a minimum notice of
60 days to the other parent. The 60 day notice is designed to afford the parents an opportunity to
renegotiate the custodial arrangements or to have the matter listed for a court hearing.
15. Both parents shall refrain from making derogatory comments about the other parent in
the presence of the children and to the extent possible shall prevent third parties from making
comments in a presence of the children.
16. Neither party shall do or say anything, including obscene gestures, which may estrange
FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jul. 24 2006 04:39PM P12
4 . •
the children from the other parent, injure the opinion of the children as to the other parent, or hamper
their free and natural development of the children's love and respect for the other party. Both parents
shall ensure that third parties having contact with the children comply with this provision.
17. Mother and Father shall continue to attend family counseling with Deb Salem so that
they may improve their co-parenting skills.
18. The parties shall ensure that Heather is provided with separate sleeping arrangements
which afford the child privacy in both parties' residences. The parties agree that Heather may share a
bedroom with the Father's other daughter during the Father's periods of custody.
19. In the event that Father is more than 30 minutes late for a period of custody and does
not contact a Mother either prior to or within the 30 minute period, the Mother shall not be required
to continue o make the children available for the period of custody. In the event that Mother has made
an appoin ent or other obligation in reliance upon the Father assuming custody of the children, and in
accordance with the partial custody schedule, then Father slktll be responsible to make alternate
arrangements for the children's transportation and care during his period of unavailability.
20. The parties shall communicate on issues regarding the children by e-mail rather than
having the children serve as messengers whenever passible. Neither party shall harass the other
or abuse the e-mail communication arrangement.
21. The parties may modify the provisions of this Order by mutual consent. In the absence
of mutual c nsent, the terms of this Order shall control.
22. The parties desire of this Agreement and Stipulation to be made an Order of Court and
request the attached Proposed Order be entered by the Court.
each person signs his or her name here below, intending to be legally bound.
Date
Samuel L. des, Esquire
Attorney fo Plaintiff
Joanne son Clough, Esq.
Attorney fo Defendant
Date
Lee Oesterling
Wendy J. Tobin
e
Page 1 of 1
Lee Oesterli2g
From: "W ndy Tobin" <tracandmndy@verizon.net>
To: "Le Oesterling" <custodymattersonly@msn.com>
Cc: "Joanne Harrison Clough, P.C." <jhclough@comcast.net>
Sent: Thu sday, December 13, 2007 4:05 PM
Subject: Re:1
I think it i best for all parties to maintain our correct schedule. I will drop the
boys off at :30 pm at Sheetz.
----- Original Message -----
From: L e terN
To: Wendv in
Sent: Thurs ay, December 13, 2007 2:30 PM
Wendy:
Beca se of the bad road conditions I am considering not doing the exchange this
evening bu in lieu of this keeping the boys from Friday after school, overnight on
Sunday an dropping them at school on Monday morning. If you agree to this let me
know, othe ise I will be at Sheetz at 3:30 p.m.
Lee E. Oesterling, Esquire
No virus found in this incoming message.
Checked b AVG Free Edition.
Version: 7. .503 / Virus Database: 269.17.1/1183 - Release Date: 12/13/2007 9:15
AM
5/27/2009
VERIFICATION
l verify that upon personal knowledge or information and belief that the statements made in
this Anser are true and correct. I understand IaL !se statements herein are made subject to the
penaltie of 18 Pa.C.S. § 4904, relating to un orn falsi on to aunties.
Lee E.
Date:
,,
i, ,_ ,?,,
'? ?"F r [
.. ?
._ '' I ! ?'
r ? 1 ?
,. ? d
LEE E. OESTERLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 01-2451 CIVIL
WENDY J. TOBIN,
Defendant IN CUSTODY
IN RE: DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF
ORDER
d
AND NOW, this day of June, 2009, the plaintiff/respondent is directed to
amend his answer to Rule to Show Cause and, specifically, paragraph 15 thereof, setting forth his
"plans" for Saturday, June 13, 2009, with an explanation of how said plans will be "ruined" by a
one-day extension of the petitioner's vacation. Said amendment to be filed within forty-eight
(48) hours hereof.
BY THE COURT,
K / - " ?, 4/,
i A. Hess, J.
-- Lee Oesterling, Esquire
PPrro Se Plaintiff
Joanne Harrison Clough, Esquire
For the Defendant
rim
ILP t'es ruulr-rL
L/a/?
,a
E GYP, 6UL
LEE E. OESTERLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 01-2451 CIVIL
WENDY J. TOBIN,
Defendant IN CUSTODY
ORDER
AND NOW, this IA'6 day of June, 2009, the defendant's claim for primary
physical custody and the matter of contempt and the request for the appointment of a parenting
coordinator is referred to the Custody Conciliator, Dawn Sunday, Esquire, on the /5Y-'- day
of , 2009, at /,'00 .m., at the following location '69 iij h7avriA
?utinu'o?luuq,.1 A > ?O6 d' , for a prehearing 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 five or older may also be present at the conference upon request of
either party. Failure to appear at the conference may provide grounds for entry of a temporary or
permanent order. .
BY THE COURT,
,' Lee Oesterling, Esquire
Pro Se Plaintiff
oanne Harrison Clough, Esquire
For the Defendant
Court Administrator
mat
I
ess, J.
OF THE i"°, %9T RY
2009 M, -2 Pi
i
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
LEE E. OESTERLING
Plaintiff
NO. 01-2451 Civil Term
V.
WENDY J. TOBIN
Defendant Custody
AMENDMENT AS OF COURSE TO PLAINTIFF'S ANSWER TO DEFENDANT'S
RULE TO SHOW CAUSE AND NEW MATTER COUNTERCLAIM
AND NOW, comes the Respondent/ Plaintiff, Lee E. Oesterling, pro se, and amends paragraph 15
of his answer to Defendant/Petitioner's Emergency Petition for Special Relief and in amending paragraph
15 thereby incorporating all prior and, subsequent paragraphs, more specifically, paragraph 15 amends and
avers as follows:
15. Paragraph 15 is admitted with clarification. In anticipation of the summer schedule,
Respondent had made plans for his first summer weekend with the children to go to his family's
cabin in the Sproul State Forest, Clinton County, Pennsylvania. The plan was to leave on or
about 6:00 p.m. on Friday June 12, 2009 to make the 2.5 hour drive from Mechanicsburg and
allow some daylight time to unpack and set up sleeping accommodations. Several of
respondent's siblings and family members including the children's grandfather and uncle
were to go along as well and were planning on driving to Respondent's home and leaving as a
group. Respondent notes that for both the children's grandfather and uncle this involves an
extra 2 hours of travel, (4 hours 1 way), as they are departing from Southeastern Pennsylvania.
Respondent notes that due to his work schedule he must be home on Sunday evening and that
by having the children return at 5:00 p.m on Saturday, Respondent's time is substantially
diminished in that he will have less than 24 hours at the cabin with the children and that 4
hours of that time will be spent in transit. Respondent notes that he planned the trip to include
other family members, (who have regular Monday through Friday work schedules), in advance
by discussing when in June would a good time to go and so he could get a definite commitment
and know how much food to purchase and what other supplies would be needed. Respondent
had made plans to be home for the fathers day weekend, (the following week), and the 4t' of
July weekend, (next weekend after that). Respondent further plans to take a week off to travel
with his wife and all of their children sometime in late July early August. Accordingly, the best
time as decided by those involved was during Respondent's first full weekend in June.
Respondent notes that in Spring 2007 when father had similar plans the Petitioner made the
same request and after father graciously agreed to allow mother to return on a Saturday she
instead dropped the children off at grandfather's home in Philadelphia on the Friday that was
originally scheduled indicating that she had only requested the schedule change to
accommodate her travel schedule as opposed to her actual vacation time. At that time father s
original plans had been set aside due to the agreement to give mother until Saturday as in the
present case. Respondent further notes that the trips to the family cabin have not been as
frequent over the last three years as in prior years in large part due to Respondent's recent
illness and also due to his having less available time off from his employment through the rest
of the year. Respondent further notes that his son's genuinely like to go to the cabin and have
asked father repeatedly during the winter months if they could go at which time father
responded he was planning to go shortly after school let out for the summer. By way of further
answer, Respondent is reticent to once again forfeit plans without any good faith evidence,
(such as a rental contract), showing that Petitioner's plans are what she claims them to be.
Such a good faith effort would allow Respondent to determine whether he was sacrificing his
scheduled plans for a true benefit to the children or if in fact if he was relinquishing time to
accommodate a travel schedule for Petitioner in lieu of his own plans (as happened in 2007).
WHEREFORE, Respondent Lee E. Oesterling, respectfully requests this Honorable Court grant the
relief previously requested.
0eriing, P Se -
Lee -E. 0
659 William
Mechanicsburg, PA 17055
(717) 691-9435
FILED-OFFICE
OF THE M, QMf NMARY
2009 JUN -4 PM 3: 2 6
u+)UNTY
PENNSYLVANIA
/?1'1
LEE E. OESTERLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WENDY J. TOBIN,
Defendant NO.01-2451 CIVIL TERM
ORDER OF COURT
AND NOW, this 5d' day of June, 2009, following a conference call, the mother is
granted leave to extend her vacation through June 13, 2009. The father will designate his
make-up time within two weeks of June 13, 2009.
BY THE COURT,
?L
ee E. Oesterlmg, Esq.
155 S. Hanover Street
Carlisle, PA 17013
Plaintiff, pro Se
Joanne Harrison Clough, Esq.
24 N. 32°d Street
Camp Hill, PA 17011
Attorney for Defendant
:rc
QT 1'es ma'LLL
A. Hess, J.
t
52
JUN 2 2 20096
LEE E. OESTERLING
Plaintiff
VS.
WENDY J. TOBIN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2451
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this Z 3'" day of <f , 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated September 18, 2006 shall continue in effect as modified
by this Order.
2. The shared summer custody schedule shall begin each year with the Mother having custody
of the Children on the first Friday after the last day of school for eight continuous days through the
following Saturday and the Father shall have custody of the Children for the next continuous eight
days. Thereafter, the Mother shall have a shortened week following the Father's eight day period in
order to resume the alternating weekly exchanges on Fridays. The purpose of this initial adjustment to
the summer custody schedule is to enable the Mother to have custody of the Children for her annual
vacation for which the beach rental runs from Saturday through Saturday.
3. Each party shall have up to a 10 day period of vacation custody each year upon providing at
least 60 days advance notice to the other party. In the event a party elects to schedule the period of
vacation custody during the summer, that parent shall use his or her regular alternating week as part of
the 10 day vacation period. In the event a parent schedules a period of vacation custody under this
provision during the school year, that parent shall use his or her regular weekend period of custody as
part of the vacation period. Neither parent may remove the Children from school for a vacation period
of custody without the advance approval of the school. Neither party may remove the Children from
school for a vacation period in consecutive years. The alternating yearly schedule for eligibility to take
the Children out of school for vacation shall begin at the time the first party elects to schedule vacation
time during school so that the other party shall be entitled to take the Children out of school for
vacation the following year and alternating thereafter. Neither party shall schedule vacation time under
this provision to interfere with the other parent's holiday periods of custody. The 10 day periods of
vacation custody under this provision shall apply only when a parent is actually removing the Children
from the residence for vacation travel. The parent scheduling vacation custody under this provision
shall provide advance notice to the other party of the addresses and telephone numbers where the
Children can be contacted during vacation.
4. In 2009, the Father shall have custody of the Children over the Father's Day weekend on
Father's Day from 1:00 p.m. until 9:00 p.m.
5. Each party shall check his or her email for communications fi•om the other party at least
every 48 hours and shall respond to emails from the other parent promptly. Each party shall ensure
that the party's email address appears in the recipient box of the email.
6. Within three days of the custody conciliation conference, each party shall send to the other
party an email confirming their respective childcare arrangements for the Children for the summer
2009.
7. 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 COURT,
Kevin
cc: Lee E.Oesterling - Father .?3-o9
Joanne Harrison Clough, Esquire - Counsel for Mother X'Y'
LEE E. OESTERLING
Plaintiff
vs.
WENDY J. TOBIN
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2451 CIVIL ACTION LAW
IN CUSTODY
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 Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Heather Oesterling March 18, 1992 Mother
Andrew Oesterling May 29, 1994 Mother
Daniel Oesterling October 17, 1997 Mother
2. A custody conciliation conference was held on June 15, 2009, with the following individuals
in attendance: the Father, Lee E. Oesterling, Esquire, pro se, and the Mother, Wendy J. Tobin, with
her counsel, Joanne Harrison Clough, Esquire.
3. The Mother filed an Emergency Petition for Special Relief, in which the Court referred the
issue of appointment of a Parent Coordinator to conciliation, and the Father filed a Petition for
Contempt and Modification seeking primary physical custody of the Children.
4. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
FIL
TAiw
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