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HomeMy WebLinkAbout02-0851 . TANYA OBERTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ; NO. 6;l -~I : IN CUSTODY CIVIL TERM REGINALD L. OBERTON, Defendant CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between TANYA OBERTON, (hereinafter referred to as "Mother") and REGINALD L. OBERTON, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two children, namely Mikaela Solena Oberton, born May 16, 1992, and Reginald Lawn Oberton, II, born June 6, 1993, (hereinafter referred to as "children"); WHEREAS, the parties live separate and apart, and wish to enter into an temporary stipulation and agreement relative to physical and legal custody of their children; and NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the children. 2. Mother and Father shall share physical or residential custody of the children as follows: a.) On week one, to begin the week of February 11, 2002, and to continue on an alternating weekly basis thereafter, Father shall have custody from Monday after school until Thursday at approximately 5:30 p.m. Mother shall have custody on Tuesday and Wednesday evening from approximately 5:30 p.m. to 8:00 p.m. and Thursday from approximately 5:30 p.m. to Monday morning when Mother shall return the children to school; b.) On week two, to begin the week of February 18, 2002, and to continue on an alternating weekly basis thereafter, Mother shall have custody from Monday evening until Thursday morning, except that Father will provide after school care everyday the children are in school until approximately 5:30 p.m. and Monday evening while Mother is attending her college class. Father shall have custody from Thursday after school until Monday morning; and c.) At other times as the parties may agree. 3. The parties agree that if either one is unavailable to care for the children during any period when he/she is the custodial parent, they will contact the other parent first to provide care for the children. 4. Father agrees that during the weekends when he has custody and is working overnight, he will drop off the children at 8:30 p.m. on Saturday evening and Mother '7, 6 CM-I'\-,c.<,,(... w~\c:.~... iI'lhu-- ~~ will return the children at 1 :30 p.m. Sunday afternoon. "Father will drop off the hx>rb ') children at 8:00 p.m. Sunday evening and Mother will return the children to school lO Monday morning. 5. The parties agree to share transportation so that the party receiving custody provides transportation. 6. The parties agree that Mother will file a Complaint for Custody with the Court of Common Pleas of Cumberland County and the Court will schedule a conciliation conference and further that this Order will remain in effect pending outcome of the conciliation conference or further Order of Court. 7. The parties shall keep each other advised in the event of serious illness or medical 1",,, emergency concerning the child~and shall further take any necessary steps to ~6 10 ensure that the health and well-being of the children are protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 8. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 9. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have :"(r\ I 0..<;" ~ c..\-:. \ckU"' \..-ve... jurisdiction over the issue of custody of the parties' minor child _ resided for ~,r \\~... t) LP fY'() , -- entire hfe in Cumberland County, Pennsylvania. ~ , I - 11. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 13. c....'!>-t~.., 1J)> The parties agree that this Order supersedes all prior" Orders, including The Court ~ of Common Pleas of Cumberland County Pennsylvania Docket No. 02-615. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: ~"tl7{4 ~.~ 2f8ft2 Date 'J/;8'/fJ;r If. , ! A Pi J_ Date RE~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this I ()bday of R OI'1AC{ ~.ti-. ,2002, before me, the undersigned officer, personally appeared TANYA OBERT~, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this lNL day OfJ~ ,2002, before me, the undersigned officer, personally appeared REGINALD L OBERTON, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL . Janet L Wenger, Notary Public Carlisle, Cumberland County My Commission Expires November 3, 2003 ~~ - ~ ~~ :>-J ~ :::.-:. (') c -~ lJrt q}r;": 2i:~:' 0]; f:; (:) "r;:: 2:0 ~ b<:'1 -C ~~ ~ t- ~ ~ 'd , ,. , ". , C') 1".._> ..." i-".., ,0 \L> :0 -~... =....., 10 ~ ',J ~;:, - ,> :.u -< v. : IN THE COURT OF COMMON PLEAS OF 1. ~ : CUMBERLAND COUNTY, PENNSYL ~O 2002 : CIVIL ACTION - LAW TANYA OBERTON, Plaintiff REGINALD L. OBERTON, Defendant ; NO. O~- YSI : IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW this ,zbt'day of @~ , Stipulation and Agreement is hereby made an Order of Court, , 2002, the attached Custody ~ J. cc: Marylou Matas, Esquire Attorney for Plaintiff Teri L. Henning, Esquire Attorney for Defendant ~ ~ .2- .;l<S.O:L, q. \ \J\\M\\)-S~,\Njd ~ ' " ,_,",' "n'i ~N(\O') \r-\ ,'''_''''I'''~ ::- ') '.h 1 ''t'' \7 OJ'"ZU ,,0 ~,"" "u~l;l,' ,~C\~j~..~,. 'L'. ' . . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TANYA OBERTON v, 02-851 CIVIL ACTION LAW REGINALD L. OBERTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 20, 2002 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, 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 honrs prior to scheduled hearing. FOR THE COURT, By: Isl Jacq,ueline M. VernlO" Esq. h"^ 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 f . ~ ~ p ~ ,~~.4.4p .X~ Z ~ ~tf-, 7W,~ ~~~-pV AlNn~~~~~wna I 0 :0/ HV L2 83.-J 20 Al:IlflO"'O"il,e-, , , " I ~ < \ 11 L'" I'" "'''1/ 'r,....-,.r>.1 :W1L .:10 ~V:J""I-GIi!::I CCJ'c..e-e eo t..f'. iJ' e(N...e- C? - .-...~- TANYA OBERTON, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION-LAW NO, 02-851 CIVIL TERM REGINALD OBERTON, Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Reginald Oberton, the Defendant in the above captioned matter, April 1, 2002 J~~~ Certifi egal Intern ~~c~ ~~~S~ ACE Supervising Attorney LUCY JOHNSTON-WALSH Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 . ........ TANYA OBERTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION-LAW NO, 02-851 CIVIL TERM REGINALD OBERTON, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Jennifer Heverly, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Praecipe to Enter Appearance on Marylou Matas, Esquire, of Griffie and Associates, 200 North Hanover Street, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, First Class, postage prepaid, this 2nd day of April, 2002, ~~~ Jennifer H erly a Certified gal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 o ~~~ .'Dr!:~ ~)~r >:.:C U? . , ~ '"1-;-_. {i~ ~:.2 - L. ?:i -, .- , = '''' P "':J :v I N () -n , I:'~J 1-:-1 17 ~;~ .:'~~ ~.....I ~ -< ."1': TANYA OBERTON, Plaintiff /.\~ 22002 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-851 CIVIL TERM REGINALD OBERTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT r ~ AND NOW, this ~ day of , 2002, upon consideration of the attached Custody Conciliation epori:- it is ordered and directed as follows: 1. The prior Order of Court, dated February 20, 2002 is hereby vacated. 2, The Mother, Tanya Oberton, and the Father, Reginald Oberton, shall have shared legal custody of Mikaela Solena Oberton, born May 16, 1992, and Reginald Oberton, II, born June 6, 1993, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion, 3, The parties shall share physical custody of the children on a 5/2 alternating day schedule, This schedule shall begin April 17, 2002, Father shall have the children every Wednesday and Thursday and from Friday to Monday on alternating weekends. Mother shall have the children every Monday and Tuesday and from Friday to Monday on alternating weekends, Transfer time shall be between 5 :30 and 6:00 p,m, 4. Father shall provide after school care every day. Mother shall be entitled to physical custody of the children every non-custodial school day from 6:00 p,m, to 8:00 p,m, 5, During the summer, when the children are offfrom school, Father shall have custody of the children every Monday during the day, For Tuesday through Friday, paternal grandmother will provide daycare services for the children, unless otherwise agreed by the parties, 6. Mother shall have physical custody of the children on Mother's Day, Father shall have physical custody of the children on Father's Day. 7, Neither parent shall remove the children from the jurisdiction without first notifying the other parent of the address and telephone where the children can be contacted, 8, Transportation shall be shared by the parties such that the receiving party shall provide transportation, unless otherwise agreed, 9, 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. Another Conciliation Conference is scheduled for August 14,2002 at 8:30 a,m. C4YloU Matas, Esquire, Counsel for Mother ~ennifer Heverly, Certified legal intern, Family Law Clinic Robert Rains, Esquire, Counsel for Father J, i 1""" E; cr. ..-:'- '0 N ::::J<O: W:2 0'2: o ~" :t: (.)4 0::9 0.- ().?3 ~E~ ~~ fj) C lJ"l r.- :-:1:2 W4:: - ::r::Z ~.u 0::: uJLU U-if: ~ cna. :z '6 N ::::J 0 0 A Jr;2 2002 TANYA OBERTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA V. : 2002-851 CIVIL TERM REGINALD OBERTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Mikaela Solena Oberton Reginald Oberton, II May 16,1992 June 6, 1993 shared shared 2, A Conciliation Conference was held in this matter on April 10, 2002, with the following individuals in attendance: The Mother, Tanya Oberton, with her counsel, Marylou Matas, Esquire, and the Father, Reginald Oberton, with his counsel, Jennifer Heverly, certified legal intern and Robert Rains, Esquire of the Family Law Clinic. 3, A prior Order of Court was entered by The Honorable Edgar B, Bayley, dated February 20, 2002. That Order, based on a Stipulation of the parties, provided for shared legal and physical custody of the children on a 3/4/3 day alternating arrangement. 4, The parties agreed to an Order in the form as attached, t/ - / ;)... -0 7-. Date %.ti ac eline M, Verney, Esquire Custody Conciliator SEP 0 3 2002 TANYA OBERTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW REGINALD OBERTON, Defendant : NO. 2002-851 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ,}..Don-bA. 1Ul.J.. ,2002, upon consideration of the attached Custody Co~eport, It IS ordered and directed as follows: I. A H'aring is ",h'dulod in ~ No. d. . ofth, Cumhodand County Court House, on the I,.u. day of ~, 2002, at \: ~ 0 0' clock, {}. M., at which time testimony I b taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court, dated April 15, 2002, shall remain in full force and effect with the following addition: · day. 3, The Children shall telephone the non-custodial parent at 7:00 p.m. every 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley, J. cc:1:nnifer Heverly, cert_fled legal intern, Robert Rains, Esquire, Dickinson Family Law Clinic, counsel for Father / /'fanya Oberton, pro se 12 Elmwood Bldg. Middletown, P A 17057 --~...'.~ ,-. '~,.",_..-,....,,;.,..._... VNY.A.V.8NN3d AlNnOJ C\"!""1::J8Wno ~'7:5 !ii 6- d3S 20 ::10 TANYA OBERTON, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW REGINALD OBERTON, Defendant : NO. 2002-851 CIVIL TERM : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mikaela Solena Oberton Reginald Oberton, II May 16, 1992 June 6,1993 shared shared 2. A Conciliation Conference was held August 30, 2002 with the following individuals in attendance: The Father, Reginald Oberton, with his counsel, Jennifer Heverly, certified legal intern and Robert Rains, Esquire, Dickinson Family Law Clinic, and the Mother, Tanya Oberton, pro se. 3. The Honorable Edgar B. Bayley previously entered an Order of Court on April 15, 2002, granting shared legal and shared physical custody of the children on an alternating 5/2 day schedule. The parents asked to return to the Conciliator prior to the start of school. Since the last Order of Court, Mother has relocated to Middletown, Dauphin County, Pennsylvania. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody so that the children may continue in the Carlisle School District. He has proposed Mother having every weekend Friday to Monday. He believes the children should continue in their school placement where they have continuously attended and are gifted students. 5, Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having every weekend. She maintains that Father is not involved in the children's schooling or their extra curricular activities or sports. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court with an addition for telephone contact. It is expected that the Hearing will require one day. f-30-()7- Date cqu ine M~::'~Ui~ Custody Conciliator T ANY A OBERTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW REGINALD OBERTON, Defendant : NO. 2002-851 CIVIL TERM : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mikaela Solena Oberton Reginald Oberton, II May 16, 1992 June 6, 1993 shared shared 2. A Conciliation Conference was held August 30, 2002 with the following individuals in attendance: The Father, Reginald Oberton, with his counsel, Jennifer Heverly, certified legal intern and Robert Rains, Esquire, Dickinson Family Law Clinic, and the Mother, Tanya Oberton, pro se. 3. The Honorable Edgar B. Bayley previously entered an Order of Court on April 15, 2002, granting shared legal and shared physical custody of the children on an alternating 5/2 day schedule. The parents asked to return to the Conciliator prior to the start of school. Since the last Order of Court, Mother has relocated to Middletown, Dauphin County, Pennsylvania. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody so that the children may continue in the Carlisle School District. He has proposed Mother having every weekend Friday to Monday. He believes the children should continue in their school placement where they have continuously attended and are gifted students. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having every weekend. She maintains that Father is not involved in the children's schooling or their extra curricular activities or sports. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court with an addition for telephone contact. It is expected that the Hearing will require one day. Y-3u-oz-- Date oq moM. vomo~;qf~ Custody Conciliator TANYA OBERTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW REGINALD OBERTON, Defendant : NO. 2002-851 CIVIL TERM : IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Marylou Matas, Esquire, and petitions the Court as follows: 1. Your Petitioner is counsel of record for the above named Plaintiff, Tanya Oberton. 2. On behalf of Tanya Oberton, your Petitioner herein filed a Complaint for Custody, which caused a hearing to be scheduled, following a custody conciliation conference, for September 17,2002, at 1:30 p.m. A copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A." 3. Petitioner has a conflict in her schedule due to a previously scheduled support matter on September 17, 2002. 4. Because of the conflict in Petitioner's schedule, Petitioner requests your Honorable Court to reschedule the hearing for September 17,2002, at 1:30 p.m, to a new date. 5. A copy of this Petition has been provided to Defendant, Reginald Oberton, to his attorneys of record, Jennifer Heverly, certified legal intern and Robert Rains, Esquire, who concur with this request. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing from September 17,2002, at 1 :30 p.m. to another date convenient to the Court. Respectfully submitted, Mary10 Attorney r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: Cfj /J...!07- ~ 71f~ MAR MATAS, l!SQUlRE o f:~ ?1l)" .::-j ~.;;i ,;' c. r- -c ',-) ~(j C":,> i'~) C..") ''1 '0 ~:) TANYA OBERTON, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW REGINALD OBERTON, Defendant : NO. 2002-851 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this Jb- day of s~_ , 2002, upon presentation and consideration of the within Petition for Continuance, the hearing previously scheduled in this matter for Tuesday, September 17, 2002, at 1 :30 p.m., in Courtroom #2 is hereby continued to ~V\I\~ the -r-/t- day of Qc.lt\Q.... , 2002, at I go (_.m. m Courtroom # ~th, Cumberland County Courthouse, Carlisle, Pennsylvama. \ cc: Marylou Matas, Esquire Attorney for Plaintiff yt.fennifer Heverly, Certified Legal Intern, Robert Rains, Esquire Attorneys for Defendant Defendant : ~ /G.r,ff'le. "t ~04 . ~<< ~ c; .O').. O\\\; VINV/11ASNN3d ,uNnn:; ("\',r'iFWiV'~no 6 S : /I Htr 9 I d3S 20 :10 TANYA OBERTON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD OBERTON, DEFENDANT 02-0851 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of September, 2002, upon agreement of counsel, the custody hearing scheduled for September 17, 2002, is cancelled and rescheduled to Thursday, December 5,2002, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, Marylou Matas, Esquire For Plaintiff . Jennifer Heverly, Certified Legal Intern ~ ~ ct. ;]'1-6:2..- Family Law Clinic fl For Defendant ~ :saa 'v'INV'AlASNN3d :' AlNnCO O~,Wll::B9v-lro LI :6 WV l-Jl d3S ZO J-lN10NOj'iiOdd 3Hi :10 3D1:I;\O-CJ311:l NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF TANYA OBERTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VB. : CIVIL ACTION - LAW REGINALD OBERTON, : 2002-0851 CIVIL TERM Defendant : IN CUSTODY PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of MARYLOU MATAS, ESQUIRE, as attorney of record for the plaintiff in this matter. November 27-, 2002 November~, 2002 Please enter the appearance of NATHAN C. WOLF, ES the plaintiff in this matter. cc: FAMILY LAW CLINIC o c g -om ~~ z)~ ~:i~ ~CJ ~o :Pg ~ o N % C) <: N -.l o -'n "T, P --,rn -,'"'I\? ~;~~ 6rrl ~ ?O '< ;t.1> ::11:' \.0 :.n c::::> NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF TANYA VASQUEZ (formerly OBERTON), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW REGINALD OBERTON, Defendant : NO. 2002-0851 CIVIL TERM : CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW, comes the petitioner, Tanya Vasquez, by her attorney, Nathan C. Wolf, Esquire, and presents the following petition for a modification of custody, representing as follows: 1, The petitioner is Tanya Vasquez an adult individual residing at 2900 Pineford Drive, Middletown, Dauphin County, Pennsylvania. 2. The respondent is Reginald Oberlon, an adult individual residing at 146 West Penn Street, Carlisle, Cumberland County, Pennsylvania. 3. The parlies are the natural parents of two (2) children born of their marriage: Mikaela Solena Oberlon, born May 16,1992, and Reginald Lawn Oberlon II, born June 6, 1993, 4, The parlies are subject to this Courl's Order entered December 10, 2002, a true and correct copy of the same is attached hereto as Exhibit "A". 5, The children have been in the primary custody of their mother, the plaintiff in this matter, since this Court issued a Custody Order after hearing in December, 2002. 6, The custody Order provided, inter alia, that the children would be in the custody of their Father each Sunday at noon until the beginning of school each Tuesday, 7. The children have been attending school in the Carlisle School District, up to and including the 2002-2003 academic year. 8. Upon information and belief, Father's work schedule no longer involves his having his "weekends" on Sundays anq Mondays and, instead, he is employed on a normal weekly work schedule. 9. Said change would therefore obviate the necessity to have Father's periods of physical custody occur on Mondays and Tuesdays. 10. While Mother's residence is in Middletown, Iher employment is in Carlisle with Ahold Financial Services. 11, The children, during the school year, have been transported almost exclusively by the Mother despite the Court's instruction to the parties to share transportation. 12, Mother believes and therefore avers that because of the change in circumstances that no longer requires Father to have an unusual work schedule, that it would be in the best interests of the children to modify the custody schedule to permit Father to have alternating weekends and a shared hOliday and summer vacation schedule. 13. Mother believes and therefore avers that the children's best interests are served by therefore eliminating the traveling distance required to bring the children to school in Carlisle, 14, Mother furthermore believes that the best interests of the children would be served by permitting Mother to enroll the children in the Middletown School District for the 2003-2004 academic year. 15, Due to the fact that Mother is seeking to change the children's school enrollment, Mother is requesting an expedited custody cCJnciliation conference be scheduled, 16, Mother's actions are, in no way, designed tiO disrupt the children's relationship with their Father, but instead are intended to better serve their welfare and overall academic and emotional growth, 17, For these and other reasons which may be developed at future proceedings in this matter, petitioner believes and therefor avers that the best interests and permanent welfare of the children require a modification of the current order so that the parties continue to share joint legal custody of the children, that petitioner may continue to enjoy primary physical custody of the children, subject to respondent's rights of partial custody periods of time to be specified by the Court. WHEREFORE, petitioner, Tanya Vasquez, respectfully requests that the custody of the child be ordered as aforesaid, LAW OFFICE OF HAROLD S. IRWIN, III July L, 2003 ---.----- N C. WOLF orney for Petitioner SUPREME COURT 10 NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 EXHIBIT 'A' TANYA VASQUEZ (formerly Oberton), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, REGINALD OBERTON, DEFENDANT 02-0851 CIIVIL TERM ORDER OF COURT AND NOW, this I 0""- day of December, 2002, following a hearing, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order, (2) Tanya Vasquez and Regional Oberton shaH have shared legal custody of Mikaela Oberton, born May 16, 1992, and Reginald Oberton, II, born June 6,1993. (3) The parents shall have shared physical custody of the children as follows: (a) During each school year: (i) the mother shall have them from after school each Tuesday until noon each Sunday; (ii) the father shall have them from noon each Sunday until the beginning of school each Tuesday, (b) During school vacation each summer the parents shall have them for alternate weeks with an exchange each Monday at 7:00 p,m" except that each parent shall have a continuous two-week period with them with those periods set by agreement not later than fifteen days before the end of each school year, (c) They shall share holidays by agreeml9nt. (d) They shall share transportation by agreement. (4) Each parent shall allow telephone access by the children to the other parent. Nathan C. Wolf, Esquire For the Mother Robert E. Rains, Esquire Jennifer Heverly, Certified Legal Intern Family Law Clinic For the Father :sal VERIFICATION I, the undersigned, hereby verify that I am counsel for the plaintiff in this action and that the facts stated in the above petition are true and correct to the best of my knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S.A. Section 4904, relating to unsworn falsification to authorities, ?/r- , ,2003 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF TANYA VASQUEZ (formerly OBERTON), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW REGINALD OBERTON, Defendant : NO. 2002.0851 CIVIL TERM : CUSTODY CERTIFICATE OF SERVICE I, Nathan C, Wolf, Esquire, have served a true and correct copy of Defendant's Petition for Modification of Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Reginald Oberton 146 West Penn Street Carlisle, PA 17013 LAW OFFICE OF HAROLD S. IRWIN, III Date: ~~ j' . Wolf, Esquire S. me Court, ID No. 87380 Attorney For Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 1: ~ f\~ w- Q CJ-Jt\ "" "'-I '0\ ~ ~ ~ \ o C 7 \)O~ !:pp 'j <1l.__ ur-' zt'- co .-'- -<- ~ .- ?C :ti ~;:j ~. -:;.-. ~ CJ (~) o -n t_ S ~!1 ,---' I ()'.) r:"l ',:~) ,L l.,} =f-l r (5 '.") i'l1 :-:-., 55 -< =-Tt --"'_. ':.:? :=> .... TANYA VASQUEZ (FORMERLY OBERTON) PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 02-851 CIVIL ACTION LAW REGINALD OBERTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belore Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, Au!!;ust 12, 2003 at 9:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will b,~ 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 hearinl!;. FOR THE COURT. By: Isl Jacqueline M. Verney. Esq. Custody Conciliator f/ 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 TIIE 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 'wi' ~.-#% --: ~ IfH; @-)!-L >h 7~ ~ [?l.II'1- ~(7/ P ~ ~ "0 F~ f:(l/li \IlNVAlASNt\8d ,rJ.~!nO'1 n'.'r!';--:;.,~n8 i U :'1 Hd Ili:W CO Xi:i':t.~C., .'. ,'. X) 38tbC ill II I-IU~ ,003 TANYA OBERTON, Plaintiff vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW REGINALD L. OBERTON, Defendant : NO, 02-851 : IN CUSTODY CIVIL ORDER OF COURT _ ANDNOW,thi.S P? d~YOfAU ust,2003'U~C~~~I,v!~ot s,\It.Ct1..Q. A A.O CdM , ~ .^3Ido Cour~ ~r.-lIlc O~~..I. ~. .. iilildo aR~' JMder c../\1er<.J "u1J"",,?j.Jcnt te. Dcce.,,t,er . {\, 2'OOi ~. .......ut. .11 ,~Qring for the ~ay of August, 2003, at ~:m/p,m in Court ,,??$ /.'30 Room Number 2, Courthouse, Carlisle, PA. .- BY TH~ot1RT, , t.1AA Edgar B, Bayley, J, ;{obert L. O'Brien, Esquire Attorney for Petitioner . _ '\, L ~ l;)J.fW Nathan Wolf, Esquire ~ Attorney for Respondent Rx~ OJ-Ill-a::, rlo\Domestic\Oberton\setasidecourtorder.rnot \ \f :.I\!n:J "'I' ,,:;-). U:; , 1 v: l~- \.' I TANYA VASQUEZ (OBERTON), PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, REGINALD OBERTON, DEFENDANT AND NOW, this : 02-0851 CIVIL TERM jmDER OF COURT .;;2-~ day of August, 2003, IT IS ORDERED that Mikaela Oberton, born May 16, 1992, and Reginald Oberton, II, born June 6, 1993, shall attend school in the Carlisle School District. Nathan Wolf, Esquire For Plaintiff ............ Robert L O'Brien, Esquire For Defendant ~_~ f.;2/"o3 ~~ :sal 'v",N\I^lASNN3d .lJ.Nnm nr','i!B38\^lflO 9 \ :8 H\1 <} Z ,:}i1lJ f:Q 1 L:\.i 1C',',jrC"J' C;""i =:.11 JO ^O~.~.I ~V\ 1_-"........ _J" ;;J 3'J\:lJO-o:il\j TANYA VASQUEZ (FORMERLY OBERTON), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, REGINALD L, OBERTON, DEFENDANT : 02-0851 CIVIL TERM ORDER OF COURT AND NOW, this C\~ day of February, 2004, a hearing on the petition for emergency relief and contempt is scheduled for Thursday, February 12, 2004, at 2:00 p,m" in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, The father shall have Reginald L,Oberton, II, present at this hearing, By the Court, ~tJ1~ Nathan C. Wolf, Esquire For Plaintiff Robert L, O'Brien, Esquire For Defendant ~ ft'Vvllft~ ~.IC-O'l +, :sal >- 0: i?:.~ UJ~-" ~---~ :-~i;.-;o:: ~~'::: o Ooc lWu_ ~_,..J G:LL! FE lL. o 0') I C~';) '.w L-. ..,. C::;:') C:.:> c-.., ',-,.- ct:: C\j - ...:r ~':"_:LL ':3 (,) TANYA VASQUEZ (FORMERLY OBERTON), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REGINALD L. OBERTON, Defendant NO. 02-0851 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of February, 2004, this matter having been called on a petition by the mother for special relief, the petition is granted. The order of December 10, 2002, is temporarily modified pending further order of court as follows: 1. Paragraph 3(a) shall read as follows: During the school year: (i) the mother shall have them from after school each Wednesday until 4:00 p.m. on Sunday. (ii) the father shall have them from 4:00 p.m. on Sunday until the beginning of school each Wednesday. Paragraph 3(d) is modified as follows: The father shall pick them up each Sunday at 4:00 p.m. at the mother's residence. The mother shall return then\ after school or after school activities to her home on Wednesday. B;:":;:"C' ~;1J'1b... Edgar B. Bayley, J. \ Nathan C. Wolf, Esquire For Plaintiff Robert L. O'Brien, Esquire For Defendant .l~ ~1 .2 ./j.O'/ C)-,. Sheriff prs V;j'\v'/\1)8;'~I\!~::jd [ I ~nn~ "-" 'c'-"'n'"' I\}.hi I J-' . ,.., ":;~"l IV lJO :6 ill! 81 gJj ~OOl )"~!,,,\",UII'!"'::I ::J'Hi .'0 \.OV.L\..n\'",""1..;.,.",,,,- ...:1 _~ ~ 38::):!O.{j31U TANYA OBERTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 02-851 CIVIL ACTION LAW REGINALD L. OBERTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, February 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 02, 2004 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, 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 conrt 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 TIIE COURT, By: Isl Jacqueline M, Verney. F.sq. Custody Conciliator 1/ 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 'lEE 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 ,~ry fp ~~~J)rJPL ~ #P 7- ~ ~pt,I#~/,e ~ (/ j}y ~ ~-r~? ~ ;;r7F-C" \iiN\ff\l~S:::{3d MNncJ',-::",;'(~rt:) SO :2 ~!d 81 83.:1 ~noz A"ci\"H"""'U'"I'lC-.,t'd :l\" .!Ii I~..:.,~..,'i ,1 "~.J -,lJ. _.~ 3~J:!~O-03l~:1 II I' TANYA OBERTON, Plaintiff vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW REGINALD L OBERTON, Defendant : NO, 02-851 : IN CUSTODY CIVIL PETITION TO MODIFY CUSTODY 1, Petitioner is Reginald L Oberton, residing at 146 West Penn Street, Carlisle, Pennsylvania 17013-2326, 2, Respondent is Tanya Vasquez, c/o Nathan Wolf, Esquire, 64 South Street, Carlisle, Pennsylvania 17013, The parties most recent Court Orders were entered December 10, 2002 and August 25,2003, 3, The Petitioner and others have recently noticed a change in the attitude and behavior of the parties child, Reginald Oberton II, born June 6, 1993, He has become withdrawn, distant and sad, his grades have fallen and he recently has refused to return to Respondent's home, He has insisted that he remain in his Father's care, 4, On Tuesday, February 3, 2004, the Respondent came to the Petitioner's home with Sgt. Guido of the Carlisle police, Her son refused to leave with her. The following day he told Petitioner, once again, that he did not want to return to his mother's home, The child went to the school counselor's office and called the Respondent to state that he did not want to return to her home, 4, On February 4, 2004, the Respondent came the basketball practice her son was attending, again with Sgt. Guido, to force the return of her son, In that public setting it was evident to all, including the school and police authorities that the child did not want il to be returned to the care of Respondent. 5, Petitioner believes that the best interest of his son is not to force him to return to the Respondent's care, Petitioner requests that he be granted primary custody of his son and that he will arrange for counseling sessions for the child to address the matters that are troubling the child, Petitioner believes that an immediate court hearing is necessary in order to settle and determine the current situation which is so troubling to the child, WHEREFORE, Father respectfully requests that the Court modify the current Order and direct that primary physical custody of the child, Reginald Oberton II, be given to the Petitioner, Reginald Oberton, Respectfully submitted, O'BRIEN, BARIC & SCHERER , 2U6.M-f.~ Robert L O'Brien, Esquire Attorney for Plaintiff 1.0, # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ,I VERIFICATION I verify that the statements made in the foregoing Motion to Modify Custody are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa, C,S, ~ 4904, relating to unsworn falsification to authorities, ~,~01~L ~ I, / 11 egi al ,Oberton ~ Date: d-/:J',I ()1 II CERTIFICATE OF SERVICE I hereby certify that on February 4, 2004, I, Robert L. O'Brien, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Motion to Modify Custody. by first class U,S, mail, postage prepaid, to the party listed below, as follows: Nathan Wolf, Esquire 35 East High Street Suites 201 - 202 Carlisle, Pennsylvania 17013 Robert L. O'Brien, Esquire Attorney for Defendant Date: February 4, 2004 /' (Ie: ~~Jir::. {)f:xy~ TANYA VASQUEZ (OBERTON), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, REGINALD OBERTON, DEFENDANT : 02-0851 CIVIL TERM AND NOW, this ORDER OF COURT .;2-~ day of AU9U:t, 2003, IT IS ORDERED that Mikaela Oberton, born May 16,1992, and Reginald Oberton, II, born June 6,1993, shall attend school in the Carlisle School District. Nathan Wolf, Esquire For Plaintiff , Robert L. O'Brien, Esquire For Defendant :sal rRUE COpy FROM RECORD 'n Testimony whereot, I here unto set my hand alfd the seal of said Court at Ccrllsle. PI. This ;2("./f:. ~y of0:J'~;: :t; . C,L"'4 (;) i LJ , t Prothonotartl " ?,1 H,~" '., /L....:;, _.:: _ _.1..._ ' TANYA VASQUEZ (foonerly Oberton), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ",~.~".ii' :i~~t:<.,> V. REGINALD OBERTON, DEFENDANT 02-0851 CIVIL TERM AND NOW, this IT IS ORDERED: ORDER OF COURT 10""- day of December, 2002, following a hearing, . I (1) All prior custody orders are vacated and replaced with this order. (2) Tanya Vasqu'ez and Regional Oberton shaH have shared legal custody of Mikaela Oberton, born May 16,1992, and Reginald Oberton, II, born June 6,1993, " " (3) The parents shall have sharE~cf physical custody of the children as follows: (a) During each school year: (i) the mother shall have them from after school each Tuesday until noon each Sunday; '" (ii) the father shall haVe them from noon each Sunday until the beginning of school each Tuesday, f . (b) During school vacation each summer the parents shall have them for alternate weeks with an exchange each Monday at 7:00 p,m,. except that each parent shall have a continuous two-week period with them with those periods set by agreement not later than fifteen dilys before the end of each school year. (c) They shall share holidays by agreement. (d) They shall share transportation by agreement. (4) Each parent shall allow telephone access by the children to the other parent. Nathan C. Wolf, Esquire For the Mother Robert E. Rains, Esquire Jennifer Heverly, Certified Legal Intern Family Law Clinic For the Father :sal , t .~- - .<, By the Co TRUE COpy' FROM RECORD In Testimony whereof; i here'unto set my hand and seal of S~id C urt Carlisle, Pa. . "J~ .' ". Thl ..,.............. da '" "e,<;...., .~... ,. , " i . . . .:, " .1.:'. . ...... , , , 'Prot tary (") ..., = ~ ~) c: <=;> ~ ..,.. ~ t I"- ,]," ." ..... ';Pt.?! ", :r.:...". ~ C:J n1p= ;;,[' -0"" (/J). I ~6 ...... --<. : U1 '" "'1 !.:;.~ I.) - =;:j-,. " v-, -"--. v '-'i:! ~. "-'-', )." '" -;.>-, J ::J:: 9h '" :<:-.-c' u-, )>c: :srn r ~ z :::.. 'D- =<. ,z:- ~ a ,z:- -< CJ MAR ~04 T ANY A (OBERTON) VASQUEZ, : IN THE COURT OF COMMON PLEA~ ~fO' Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-851 CIVIL TERM REGINALD L. OBERTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this S-(). day of '-;Jj;~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court, dated December 10,2002, August 25, 2003 and February 12,2004 shall remain in full force and affect. 2, 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 ofthis Order shall controL Another Conciliation Conference is scheduled for June 1,2004 at 8:30 a,m, BY J, cc: Nathan Wolf, Esquire, Counsel for Mother Robert 1. O'Brien, Esquire, Counsel for Father ~ ~d .J-O~o<f 9-, .- ,... , - Ht~i/""J I , 1tP'i-~-IAi+;~J:' ~;J ti{S/\H\'~i~1 " '. '~:~X ~,,'rt#t/.: /~. I::'~;:';;' '-'-I~, 'j (Jl/.!',~X-)if:u:vn:) L 0 ~fI ill ko/~ gii;~~ooz ""~' II (1' ' MOl '\i.W "r., j i', CY'd '1u/ 'v OJ"..:fa .1:); . L.;- 78 II:JO \-/i~,,'l"A"j! ('\,\ I,',!,",: v 'I. ,I, \ 1.'\',),; 'I, '.-Jt1 ). 1"'l'r~"'" ',r" ..:.:::j.."nh \.~''',' . ",j "':;,:c.'J,\/tJ LO : 1/ i.w $- (lVIHODZ }UV1CNOHlOi:Jd 31-11 ::10 30C!:.lO--(J31!::1 MAR 0 3 2004 T ANY A (OBERTON) VASQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYL VANIA V. : 2002-851 CIVIL TERM REGINALD L. OBERTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Mikaela Solena Oberton Reginald Oberton, II May 16, 1992 June 6, 1993 shared shared 2, A Conciliation Conference was held in this matter on March 2, 2004, with the following individuals in attendance: The Mother, Tanya (Oberton) Vasquez, with her counsel, Nathan Wolf, Esquire, and the Father, Reginald Oberton, with his counsel, Robert L. O'Brien, Esquire, 3. Prior Orders of Court were entered by The Honorable Edgar B, Bayley, dated December 10,2002, August 25, 2003 and February 12, 2004, Those Orders provided for shared legal and shared physical custody and the children to attend Carlisle School District schools, 4, The parties agreed to an Order in the form as attached, :1:2./61 Date' ~-~ th.~, . cq line M, Verney, Esquire Custody Conciliator \) JUN 0 1 2004 ~ T ANY A (OBERTON) VASQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-851 CIVIL TERM REGINALD L. OBERTON, Defendant : CIVIL ACTION - lLA W : IN CUSTODY ORDER OF COURT AND NOW, this 1 day of ~ ~l ,2004, upon consideration of the attached Custody Conciha IOn Report, It IS ordered and duected as follows: I, The prior Orders of Court, dated December 10, 2002, August 25, 2003 and February 12,2004 shall remain in full force and effect except as modified hereinafter: 2, Beginning June 9, 2004, Father shall have primary physical custody of Reginald 1. Oberton, II, born June 6, 1993 and Mother shall have primary physical custody of Mikaela Solena Oberton, born May 16, 1992, 3, Beginning June 11,2004 the parties shall have alternating weekends from Friday at 6:00 p,m, to Sunday at 6:00 p,m, with both children, Father shall have the first weekend and they shall alternate thereafter. 4, Transportation shall be such that until July I, 2004, the parties shall exchange custody of the children at the Carlisle Borough Police station, Thereafter, the custodial weekend parent shall be responsible for both we\:kend transports, Exchanges for Father's weekend shall occur at the Mechanicsburg Borough Police station and Mother's weekend shall occur at the Carlisle Borough Police station, 5, Each party shall be entitled to one unintemlPted week during the summer, provided they give the other party 30 days prior notice, 6, 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 Another Conciliation Conference is scheduled for August 16,2004 at 8:30 a,m, cc~than Wolf, Esquire, Counsel for Mother ..,..R'bbert 1. O'Brien, Esquire, Counsel for Father Olo -03 .O~ ], <~_::id :-~':'-.,;~il\no I Z : I ~Id S- fmr ~oaz ~.tf/1G~,:CIUO:jd 3Hl .:!O 3C)!~oO-OJ1L-J JUN 0 1 2004 1 TANYA (OBERTON) VASQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : 2002-851 CIVIL TERM REGINALD L. OBERTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Mikaela Solena Oberton Reginald Oberton, II May 16, 1992 June 6, 1993 shared shared 2, A Conciliation Conference was held in this matter on June 1, 2004 with the following individuals in attendance: The Mother, Tanya (Oberton) Vasquez, with her counsel, Nathan Wolf, Esquire, and the Father, Reginald Oberton, with his counsel, Robert L. O'Brien, Esquire. 3, Prior Orders of Court were entered by The Honorable Edgar B, Bayley, dated December 10, 2002, August 25, 2003 and February 12,2004, Those Orders provided for shared legal and shared physical custody and the children to attend Carlisle School District schools, 4, The parties agreed to an Order in the form as attached, ~-I-ocf Date i:q~~e:~~s~~f Custody Conciliator AUG 1 7 2004 f T ANY A (OBERTON) VASQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW REGINALD L. OBERT ON, Defendant : NO. 2002-851 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ,q-t\l day of consideration of the attached Custody Conciliatio follows: , 2004, upon Report, il is ordered and directed as 1. A Hearing is scheduled in Cou Room No, _2-, of the Cumberland County Court House, on the ~~ day of - , 2004, at Or DO o'clock, L, M" at which time testimony w' be aken, For purposes ofthis Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date, 2. The Order of Court dated February 12,2004 is hereby vacated, The Orders of Court dated December 10,2002, August 25, 2003 and June 3, 2004 shall remain in full force and effect with the following addition and modification, 3, Mikaela Solena Oberton shall attend school in her Mother's home school district, Reginald Oberton, II shall attend school in his Father's home school district, 4, The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms ofthis Order shall control. ,~~ B-rfHE COD (, / Edgar B, Bayley, \ cc:J>lathan Wolf, Esquire, counsel for Mother ~it L. O'Brien, Esquire, counsel for Father -l O~-J3-0{ ZZ :C' U,.1 G I "lcIW'0:17 ~~ .;", ... .... "I .,,'J AUG 1 7 2004 ~ T ANY A (OBERT ON) VASQUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW REGINALD L. OBERTON, Defendant : NO. 2002-851 CIVIL TERM : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, J. 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 Mikaela Solena Oberton Reginald Oberton, II May 16, 1992 June 6, 1993 Mother Father 2, A Conciliation Conference was held August 16, 2004 with the following individuals in attendance: The Mother, Tanya (Oberton) Vasquez, with her counsel, Nathan Wolf, Esquire, and the Father, Reginald Oberton, with his counsel, Robert L. O'Brien, Esquire, 3, The Court previously entered Orders dated December 10, 2002, August 25,2003, February 12,2004 and June 3, 2004, Those Orders provided for shared legal custody and shared physical custody until the June 3, 2004 Order, which provided for Mother having primary physical custody of Mikaela and Father having primary physical custody of Reginald. The February 12,2004 Order of Court provided for the children to attend Carlisle schools, 4, Father's position on custody is as follows: Father is satisfied with the status quo, shared legal custody with Mother having primary physical custody of their daughter and Father having primary physical custody oftheir son, with the children being together every weekend, Father is willing to permit his daughter to attend Cumberland Valley schools, where Mother is currently living, 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody of both children, with Father having alternating weekends. Mother believes that the children should be together in a stable environment that she can provide. She maintains that Father lacks rules fOIr his son, that he 'runs the streets' and is in the care of his grandmother more than his Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody oftheir daughter, Father primary physical custody oftheir son, with the children spending weekends together. It is expected the hearing will take one half day. 8'-jl-O'( Date ll~~ M.~, ~Vemey, Esquire ([ Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TANYA VASQUEZ (formerly OBERTON), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant : CUSTODY MOTION IN LIMIN1~ AND NOW, comes the movant, Tanya Vasquez, by her attorney, Nathan C Wolf, Esquire, and presents the following motion in limine, representing as follows: 1. The petitioner is Tanya Vasquez an adult individw.l residing at 101 Texaco Road, Mechanicsburg, Gunberland County, Pennsylvania. 2. The respondent is Reginald Oberton, an adult individual residing at 706 N. West Street, Apartment 1, Carlisle, Gunberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children born of their marriage: Mikaela Solena Oberton, born May 16, 1992, and Reginald Lawn Oberton, II, born June 6, 1993. 4. The parties are scheduled to appear for a hearing scheduled September 30, 2004. 5. Mother believes and, therefore, avers the parties' son would not be candid if given the opportunity to provide testimony to the Court in chambers, ~~ counsel are present, because Mother believes that the child is fearful of retribution from his Father if the child takes a position unfavorable to the Father. 6. Nonetheless, Mother believes and, therefore, avers that both children may have information that would be very helpful in assisting the Court in reaching a determination in both children's best interests. 7. Mother believes and, therefore, avers the child's reluctance to speak with counsel present is based upon a fear the parties willleam of the child's true position. 8. The child is old enough to comprehend the nature of the proceedings. 9. The child has presented testimony to the Court on at least two previous occasions, both with counsel for the parties present. 10. Counsel for mother has sought concurrence regarding this motion from father through counsel and such concurrence was not given. 11. Mother believes the granting of this Motion would ultimately benefit both children, if the child could testify without the parties and the parties' counsel present, however, Mother seeks to have both children present testimony to the Court in camera, should the Court deny the instant motion. WHEREFORE, petitioner, Tanya Vasquez, respectfully requests that the Court permit Reginald Lawn Oberton, II, and Mikaela Solina Oberton, provide testimony to the Court outside of the presence of the parties and their respective counsel. Septen1ber~2004 ~ OLF eyjot Plaintiff SU ME COURT ID NO. 87380 37 South Hanovelt Street, Suite 201 CARLISLE PA 17013 (717) 241-4436 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TANYA VASQUEZ (formerly OBERTON), Plaintiff : IN THE COURT OP COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - L~ W : NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant : CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiff's Motion in limine upon the following person and in the matter indicated: SERVICE BY U.S. MAIl..: Robert L. O'Brien, Esquire 17 West South Street Carlisle, P A 17013 Date: Septen1ber Z~, 2004 ~~ N.mJ Supr e ct, ID No. 87380 Attorney for Plaintiff 37 South Hanover Street, Suite 201 Carlisle, Pennsyt.auia 17013 (717) 241-4436 C) .-' 0 = ,-- f'::;:' -n .r' (/') ::r~-~ r .-, -.;::1 rt'f'-::' -,.,[11 i'-.) ~'$\t: Cl ~_r.: . ~ 1 , C-) - in " C-~ U , / \ /- "-> .r:..- . ,J -, ~. " TANYA VASQUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD L. OBERTON, DEFENDANT 02-0851 CIVIL TERM ORDER OF COURT AND NOW, this '11-, day of October, 2:004, following a hearing on the merits of the custody of Reginald L. Oberton, ", born June 6, 1993, IT IS ORDERED: (1) The provisions in all prior custody orders with respect to the custody of Reginald are vacated. (2) The mother, Tanya Vasquez, shall have primary physical custody of Reginald as of noon, Saturday, October 9, 2004. (3) The father, Reginald L. Oberton, shall then have temporary physical custody of Reginald during the school year, as follows: (a) Starting on Friday, October 22,2004, every other Friday from after school until Sunday evening or Monday evening if Monday is a school holiday. (b) Starting on Wednesday, October 20,2004, every Wednesday from after school until 7:30 p.m. (c) Such other times as the parties shall agree.1 I While there are additional reasons for the entry of this order, one of the most significant is that Reginald is no longer staying in the father's home overnight during the school week. (4) During each summer school vacation period, Reginald shall Spend two weeks with his father and one week with this moth,er, on an alternating basis until school resumes. Transfers shall be on Fridays. .1<Jathan C. Wolf, Esquire For Plaintiff ...-Robert L. O'Brien, Esquire For Defendant .) / :sal \IlNV^lASNN3d )WNn'~)I'\ (?'\r;H~Oi.N"""I'" . I 'v ,.1 ._, ,. ..;..;,....,i'l....J L I : I Wd 1]- 130 ~OOZ AtN10~,JOH108d 3Hl jO :rJ8~I(}-031!:J TANYA VASQUEZ (formerly Oberton), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD OBERTON, DEFENDANT 02-0851 CIVIL TERM ORDER OF COURT AND NOW, this I 0""- day of December, 2002, following a hearing, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Tanya Vasquez and Regional Oberton shalll have shared legal custody of Mikaela Oberton, born May 16, 1992, and Reginald Oberton, II, born June 6, 1993. (3) The parents shall have shared physical custody of the children as follows: (a) During each school year: (i) the mother shall have them from after school each Tuesday until noon each Sunday; (ii) the father shall have them from noon each Sunday until the beginning of school each Tuesday. (b) During school vacation each summer the parents shall have them for alternate weeks with an exchange each Monday at 7:00 p.m., except that each parent shall have a continuous two-week period with them with those periods set by agreement not later than fifteen days before the end of each school year. (c) They shall share holidays by agreement. (d) They shall share transportation by a!~reement. (4) Each parent shall allow telephone access by the children to the other parent. /Nathan C. Wolf, Esquire For the Mother r Robert E. Rains, Esquire Jennifer Heverly, Certified Legal Intern Family Law Clinic For the Father :sal (\lrp.u..D 7L-~ -R){) - .. .'---.. \f!NV'Y1ASNN3d AlN"~'-' -" 1-' 1~~'I'jnO I I" .': I ' "\', ';"",'1' . 1,._ -,._ . _; - -~ '.._' ',...; , I ij I :Di ~V (; I :.J3tJ ZO ..;,"', ~.'- ..... TANYA OBERTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD L. OBERTON, Defendant NO. 02-851 CIVIL CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner is Reginald L. Oberton, residing at 146 West Penn Street, Carlisle, Pennsylvania 17013-2326. 2. Respondent is Tanya Vasquez, c/o Nathan Wolf, Esquire, 64 South Street, Carlisle, Pennsylvania 17013. The parties most recent Court Order was entered on October 4, 2004. 3. With no prior notice to Petitioner, Respondent suddenly moved her home and the children to some place in Steelton. 4. Respondent was terminated from her employment. 5. Respondent's boyfriend, Michael Alverez, who resided with Respondent and the children, borrowed Respondent's vehicle and was involved in an accident where a person was killed. He is currently in Dauphin County prison and charged with vehicular homicide. 6. Respondent has denied Petitioner any contact, untillast weekend, with the children since June of this year. 7. The children's situation appears to be very unsettled and Petitioner requests that the Court conduct an emergency hearing to determine if the children's best interests are being met. II WHEREFORE, Father respectfully requests that this Honorable Court conduct an emergency hearing to determine if the children's best interests are being met. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~A..UA-- Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rIO\Domestlc\Oberton\petition\emergency\relief TANYA OBERTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-851 CIVIL REGINALD L. OBERTON, Defendant CIVIL ACTION - LAW IN CUSTODY VERIFICATION 'I I verify that the statements made in the foregoing Petition For Emergency Relief are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: October 10, 2005 " TANYA OBERTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD L. OBERTON, Defendant NO. 02-851 CIVIL CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on October 11, 2005, I, Robert L. O'Brien, Esquire, of O'Brien, Baric & Scherer, did serve a copy ofthe Petition For Emergency Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Nathan Wolf, Esquire 37 South Hanover Street Carlisle, Pennsylvania 17013 ~D~ Robert L. O'Brien, Esquire Attorney for Defendant Date: October 11, 2005 ee.' R~Ji C ObC'.rft>n TANYA VASQUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD L. OBERTON, DEFENDANT 02-0851 CIVIL TERM ORDER OF COURT AND NOW, this Lf I-, day of October, 2004, following a hearing on the merits of the custody of Reginald L. Oberton, II, born June 6,1993, IT IS ORDERED: (1) The provisions in all prior custody orders with respect to the custody of Reginald are vacated. (2) The mother, Tanya Vasquez, shall have primary physical custody of Reginald as of noon, Saturday, October 9, 2004. (3) The father, Reginald L. Oberton, shall then have temporary physical custody of Reginald during the school year, as follows: (a) Starting on Friday, October 22,2004, every other Friday from after school until Sunday evening or Monday evening if Monday is a school holiday. (b) Starting on Wednesday, October 20,2004, every Wednesday from after school until 7:30 p.m. (c) Such other times as the parties shall agree.1 1 While there are additional reasons for the entry of this order, one of the most significant is that Reginald is no longer staying in the father's home overnight during the school week. OO~[ID (4) During each summer school vacation period, Reginald shall spend two weeks with his father and one week with this mother, on an alternating basis until school resumes. Transfers shall be on Fridays. ?)Vt!feCOU \ Nathan C. Wolf, Esquire For Plaintiff / Robert L. O'Brien, Esquire For Defendant :sal T ~ c"--. ~~~ ~ t ~ ~ .--J .s::-. ~ L:>. c:::J :t n ...., c C-;::::' 0 c::> <.J' -n c::> -I ('.) :J: :JJ -, rn ,- i'n .,f.:,.W C} , ~=-) ::-:C" ',-; -.: ~!J - C) ~..) in -< U'I J:"" ......- :D !"0 .< OCT 1 4 2005 ~ TANYA OBERTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-851 CIVIL REGINALD L. OBERTON, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of October, 2005, upon review of the attached Petition For Emergency Relief, a hearing is set for the day of October, 2005, at .m. in Court Room Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, O~ 1'7, 4!ftb - Edgar B. Bayley, J. ~^. ~t'-fvwW-C- ~bert L. O'Brien, Esquire ~\ 0 . A ~ .L.1., O'Brien, Baric & Scherer \. f'I 1'1 A \V\L- f ~ r q t-.--- 19 West South Street ~'\ - ........... I j Carlisle, Pennsylvania () 0/. J.I A ~~ J ~ 1/VO po- Attorney for Petitioner ~:.L./~ ~.' CtM~, ~than Wolf, Esquire V~ y .. r- _~I 37 South Hanover Street /'I I) ... "'" Carlisle, Pennsylvania 170 CJ\..- C--... ~...\.-\.~ __- Attorney for Respondent i t>P~ :j-J j/ ~4\:/ ("\'"' U(' "nrr 0""-' \'1 LuuJ Iv t Fii !I: 19 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T ANY A OBERTON V. 02-851 CIVI L ACTION LA W REGINALD L. OBERTON DEFENDANT IN CUSTODY ORDER OF COllRT A'\D NOW, . Wednesday, October.~6,200_5. ..' upon consideration orthe attached Complaint, it is hereby directed that parties and their respective counsel appear befote Jacqueline M. Verney, Esq. ,the conciliator. at ~_~_~__~}~_<<!!--.!_,~!!!!llJ:_~rla nd CO" n ty CO" r~~,~!I~!.~___~_a r!!.~~_~__ on December 01 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At sllch conference, an effort \vil] be made to resolve the issues ill dispute; or i I' this cannot be accomplished. to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live 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 ..is/_....la~<JlJeli11.eY., Y{:r11.e.YLgs.<J-__...J~ Custody Conciliator fJ' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act or 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business bell)re tbe court, please contact our oCtiee. All arrangements mllst 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 VOU DO NOT HA VI' AN ATTORNEY OR CANNOT AFFORD ONE:, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WIlERI' YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedtl\l'(l Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . pi: ~(I 7;:'1 >1~,m~~) ~ -% ,r?1l'tM' ~f/" ~(7 PP1' /'?f'"",-4#11'V ," r:',:' ,,\, " !~. " ~ '... . , i --., -. 091 $e (JI .511 53 e 0/ ;rJ$('.OI NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TANYA VASQUEZ, (formerly OBERT ON), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant : CUSTODY PETITION FOR LEA VB TO WITHDRAW AS COUNSEL FOR PLAINTIFF NOW COMES counsel of record for Plaintiff Tanya Vasquez, Nathan C. Wolf, Esquire, and respectfully submits this Petition for Leave of Court to Withdraw as Counsel for Plaintiff, Tanya Vasquez, pursuant to Pa.RC.P. 1012, and in support thereof, avers as follows: 1. Plaintiff, Tanya Vasquez, is an adult individual who is a resident of the State of Pennsylvania, and whose last known address was 707 S. Second Street, Steelton, Pennsylvania 17113-2906. 2. The undersigned counsel was retained by the plaintiff on or about November 25, 2002. 3. Plaintiff, Tanya Vasquez contacted the office of the undersigned and indicated that she no longer wished the undersigned to represent her. 4. The undersigned orally communicated with his client and sought oral confirmation from her. 5. Moreover, counsel has performed legal services for the plaintiff in the nature of custody and support and has not been compensated for some such services. 6. Counsel believes and therefore avers that no prejudice would be suffered by his client if the instant petition is granted, and that this Court should grant the relief requested in accordance with his client's wishes. WHEREFORE, the petitioner, Nathan C. Wolf, Esquire, respectfully prays that this Court grant leave for the undersigned to withdraw his representation of Plaintiff, Tanya Vasquez, and to grant any further relief that the Court deems appropriate. Respectfully submitted, WOLF & WOLF ~h BY:~~(/ Nathan C. y squire Attorn for pfuintlff Sup l!!.e.e';urt ID #87380 37 South Hanover Street, Suite 202 Carlisle, PA 17013 (717) 241-4436 Dated: November 9, 2005 VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my 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 falsification to authorities. Dated: Noven1ber L, 2005 ... ;c_ . 1?:-/' ~/ -^^ - an C.Wolf, Esquire NATHAN C. WOLF, ESQUIRE ATTORNEY IO NO. 87380 37 SOUTH HANOVER STREET, SUITE 202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TANYA VASQUEZ, (formerly OBERTON), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition for Leave to Withdraw as Counsel to the below-listed persons: Tanya Vasquez 707 S. Second Street Steelton, PA 17113-2906 Robert L. O'Brien, Esquire O'Brien Baric & Scherer 19 West South Street Carlisle, PA 17013 Counsel for Defendant Dated: Noven1ber L, 2005 "" C~ ,:...:;J f'Jl o ~" .--1 f-f,JJ I~- ,-1"""~ (::~ ...'...... \ U; \,;.) ()"( W - TANYA VASQUEZ, (formerly OBERTON), Plaintiff v. REGINALD OBERTON, Defendant - -' d- ~ov ! ( 20(15 , '!'o!'. /yJf I : IN THE COURT OF COMMONi>tE1\S'UF===J : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-0851 CIVIL TERM : CUSTODY RULE TO SHOW CAUSE A Rule is hereby issued to the plaintiff, individually, and the defendant to show cause why the relief requested should not be granted. Rule returnable ~f"U<~ ? days from the date of tL. O,d~r. . Distribution: ~. t.han C. Wolf, Esquire /f'anya Vasquez ~bert L. O'Brien, Esquire ~~ _ I~'o? \ \ ' ...., /;/' /If.//' ,~ --~ <r ~? r~ U,\.;~} (,~c:; .',-;:,:"\._" ~~c ~>->.~" Qc (~q~ ,:,:\'-'- _t.1J u.-;s ~ C> N Ch .- ::3.. .::r - b :;:: .~ c::;::J = ,..., :-c~ Q NATHAN C. WOLF, ESQUIRE ATTORNEYID NO. 87380 37 SOUTH HANOVER STREET, SUITE 202 CARLISLE PA 17013 (717) 241-4436 TANYA VASQUEZ, (formerly OBERTON), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant : CUSTODY PETITION TO MAKE RULE ABSOLUTE NOW COMES counsel of record for Plaintiff Tanya Vasquez, Nathan C. Wolf, Esquire, and respectfully submits this Petition to Make Rule Absolute, and in support thereof, avers as follows: 1. On November 9,2005, Counsel petitioned the Court to withdraw as counsel for Plaintiff. 2. On November 14, 2005, the Court issued a Rule to Respondent to show cause, with a seven-day return from the date of service, why the relief requested should not be granted. 3. Petitioner received said Rule to Show Cause on November 15, 2005. 4. More than 15 days have elapsed since the Rule was issued, and no response from Respondent has been filed. WHEREFORE, the petitioner, Nathan C. Wolf, Esquire, respectfully requests this Court to make the Rule, issued on November 14, 2005, Absolute and grant leave for the undersigned to withdraw his representation of Plaintiff, Tanya Vasquez, and to grant any further relief that the Court deems appropriate. By: Nathan >- ' Esquire Attorn for Plaintiff Supreme Court ID #87380 37 South Hanover Street, Suite 202 Carlisle, PA 17013 (717) 241-4436 Dated: December L, 2005 '. VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are Inade subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: December -0-, 2005 '. NATHAN C. WOLF, ESQUIRE ATTORNEYID NO. 87380 37 SOUTH HANOVER STREET, SUITE 202 CARLISLE PA 17013 (717) 241-4436 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TANYA VASQUEZ, (formerly OBERT ON), Plaintiff : CIVIL ACTION - LAW VI. : NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant : CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition to Make Rule Absolute to the below-listed persons: Tanya Vasquez 707 S. Second Street Steelton, PA 17113-2906 Robert L. O'Brien, Esquire O'Brien Baric & Scherer 19 West South Street Carlisle, PA 17013 Counsel for Defendant WOLF & WOLF , . Dated: December~, 2005 ./". ,./',// Nat~tC. \volf, Esquire I I 'c " , .-1 C"; 1 C,.-\ ;(j r,) TANYAOBERTON, Plaintiff DEe 0 5 2005 : IN THE COURT OF COMMON PLEA.S OF C/ : CUMBERLAND COUNTY, PENNSYL VANIA J V. REGINALD L. OBERTON, Defendant : NO. 2002-851 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT IJl AND NOW, this CO day of ~R.'bIj),M) ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in cor Room No.~A , of the Clll3,1berl~d County CourtHouse, on the ~ dayoL ..R~ , 200.k, at 'b:'t5 o'clock, -A-. M., at which time testimony will be taken. P6r purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court, dated October 4, 2004 and June 3, 2004, shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley, cc~ert 1. O'Brien, Esquire, Counsel for Father ~ah Brown, Esquire, Counsel for Mother J. .: ,~; i.."-J C"; ,.,-) ;__: ~_..J T ANY A OBERTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD L. OBERTON, Defendant : NO. 2002-851 CIVIL ACTION-LAW : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subj ects of this litigation is as follows: CURRENTLY IN CUSTODY OF NAME DATE OF BIRTH Mikaela Solena Oberton Reginald Oberton, II May 16, 1992 June 6, 1993 Mother Mother 2. A Conciliation Conference was held December 1, 2005 with the following individuals in attendance: The Father, Reginald L. Oberton, with his counsel, Robert L. O'Brien, Esquire not present, and the Mother, Tanya Oberton, with her counsel, Sarah Brown, Esquire. 3. The Honorable Edgar B. Bayley previously entered an Order of Court on October 4, 2004 providing for Mother to have primary physical custody of Reginald. Mother previously was awarded primary physical custody of Mikaela by Order dated June 3, 2004. Father was to have periods of partial physical custody on alternating weekends and Wednesday evenings. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of both children alleging that the children are receiving failing grades in schools where they were honor students previously. He also alleges that Mother's boyfriend has been arrested for vehicular homicide. He asserts that Mother has been denying him his periods of partial physical custody. 5. Mother's position on custody is as follows: Mother believes the status quo should be maintained. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Orders of Court. It is expected that the Hearing will require one-half day. (.J..-:2 -Or; Date 1 If { ... ,~r.U~/ facq ine M. Verney, Esquire Custody Conciliator vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW TANYA OBERTON, Plaintiff REGINALD L. OBERTON, Defendant : NO. 02-851 : IN CUSTODY CIVIL PRAECIPE Dear Prothonotary: This is to advise that I have terminated the services of Robert L. O'Brien, Esquire, as my counsel and that I will be appearing pro se in the above captioned matter. L. Oberton 14 West Penn Street Carlisle, PA 17013 "'.1 -;:.-;:l , . ~~':~, r,'"'' TANYA VASQUEZ, (formerly OBERTON), Plaintiff if ;;c.t, u d 201lS d!'fV : IN THE COURT OF COMMON PLEAS OF f : CUMBERLAND COUNTY, PENNSYLVANIA . . .... : CIVIL ACTION - LAW v. : NO. 2002-0851 CIVIL TERM REGINALD OBERT ON, Defendant : CUSTODY ORDER AND NOW this -L ~ day of December, 2005, upon consideration of the foregoing Petition to Make Rule Absolute, the requested relief therein is hereby GRANIED and counsel is hereby authorized to file a praecipe to withdraw as counsel with the Prothonotary and to serve notice of this Order and such praecipe upon Plaintiff, Tanya Vasquez, and counsel_7?er parties to this matter. ff/~' Distribution: J. vNathan C. Wolf, Esquire ~anya Vasquez ~bert L. O'Brien, Esquire FilED-OFFiCE OF THE p~""I.""O"r'ARv . .-HVJr,'-....;I'>;' I .. ZfiD5 DEe 19 AN II: II CUlvi8~}~l.}.1 .)JUlI.JTY PENNSYLVANLi\ - ~ .J NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 37 SOUTH HANOVER STREET, SUITES 201,202 CARLISLE PA 17013 (717) 241-4436 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TANYA VASQUEZ (formerly OBERTON), Plaintiff : CIVIL ACTION - LAW V. : NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant : CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Kindly WITIIDRA W the appearance of NA1HAN C. WOLF, ESQUIRE, as attorney for the plaintiff, Tanya Vasquez, in this matter. WOLF & WOLF Decelllber ,:)7 ,2005 I OLF, ESQUIRE ~ . NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 37 SOUTH HANOVER STREET, SUITES 201,202 CARLISLE PA 17013 (717) 241,4436 TANYA VASQUEZ (formerly OBERTON), Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2002-0851 CIVIL TERM REGINALD OBERTON, Defendant : CUSTODY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Praecipe for Withdrawal of Appearance of Counsel of Record upon the following person and in the manner indicated: Tanya Vasquez 707 S. Second St. Steelton, P A 17113-2906 Robert L. O'Brien, Esquire O'Brien Baric & Scherer 19 West South Street Carlisle, P A 17013 Counsel for Defendant Dated: December ;f.J , 2005 Nathan C. 're C __~~: 0 \f;~ (") c::::. I, ,..." <=,.) c::;) c.n c::l r'" ,> ('.) o o -n :r!'TJ m- -:"l; -60 ') t "3r;~ 0.;,. -(1 'j~~ -r,:", "0 ::.-.:; ..", -' '""" r;? (Jl '-" 'TANYA OBERTorJ plttll<t1f\ In the Courl of Commun Pleas of Cumberland County, Pennsylvania vs. No. d--.O 0;) - C~I~ ( [1. lJ 5TO D 1-1 It( T I 0'f....J REG-i/vA-ll) l- OI3t::RTotIJ ! 11 fB~J ~ 19 PJ7 ~,~ -fl7ligro To Prothonotary Attorney for Plaintiff No. Term, 19 _ vs. PRAECIPE Filed 19 , Atty. /,j -,'J,,""'" "J',J O~ :(: Hd l. - 833 %Cl I\Hv~:'L,i";Ui':JC:'Jd 3Hl :10 =;:J)j:iC:'-G311::l TANYA VASQUEZ (FORMERLY OBERTON), PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD L. OBERTON, DEFENDANT 02-0851 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of February, 2006, defendant having just retained private counsel, his motion for a continuance, IS GRANTED. The hearing scheduled for February 8,2006, is cancelled and rescheduled for 10:00 a.m., Friday, March 3, 2006. By the CO,t!rt, /' / James Nealon, Esquire For Plaintiff :sal ~~I /1Y14:.ir.), .;;tyo:i-O i. ~ Paul Orr, Esquire For Defendant .." p'j cO,! (.:::) :';,',.' \J) r-.j TANYA VASQUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD OBERTON, DEFENDANT 02-0851 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 1'1 day of March, 2006, IT IS ORDERED: (1) The petition of Reginald Oberton to modify the custody order of October 4,2004, IS DENIED. (2) The parents shall undertake together not less than three sessions of counseling devoted to improving their parenting skills and cooperation involving the care of their children. The mother shall arrange for these sessions at InterWorks, 4335 N. Front Street, Harrisburg, Pennsylvania, when they are both off work, and they shall divide the cost. (3) The mother shall arrange for general counseling for Reginald to deal with his various difficulties. Both parents shall sign any consents necessary to obtain this counseling, and shall participate to the extent requested by the counselor. To the extent such services are not covered by insurance by either the mother or father or both, the parents shall divide the costs. o~ x.- \; . ~,O n'\ OJ By the Court, Edgar B. Bayley, J. (\ 'I, ': i ~ -., 02-0851 CIVIL TERM James Nealon, Esquire For Plaintiff Paul Orr, Esquire For Defendant :sal TANYA VASQUEZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REGINALD OBERTON, DEFENDANT 02-0851 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., March 14,2006:-- Tanya Vasquez, age 35, and Reginald Oberton, age 35, are the parents of Mikaela Oberton, born May 16,1992, age 13, and Reginald Oberton, II, born June 6, 1993, age 12. The mother lives in Steelton, Dauphin County. The father lives in Carlisle, Cumberland County. The parents' disputes involving their children have been with us for awhile. On December 10, 2002, when both parents were living in Mechanicsburg, Cumberland County, an order was entered providing, inter alia: (3) The parents shall have shared physical custody of the children as follows: (a) During each school year: (i) the mother shall have them from after school each Tuesday until noon each Sunday; (ii) The father shall have them from noon each Sunday until the beginning of school each Tuesday. (b) During school vacation each summer the parents shall have them for alternate weeks with an exchange each Monday at 7:00 p.m., except that each parent shall have a continuous two-week period with them with those periods set by agreement not later than fifteen days before the end of each school year. (c) They shall share holidays by agreement. On February 12, 2004, the order was amended: 02-0851 CIVIL TERM 1. Paragraph 3(a) shall read as follows: During the school year: (i) the mother shall have them from after school each Wednesday until 4:00 p.m. on Sunday. (ii) the father shall have them from 4:00 p.m. on Sunday until the beginning of school each Wednesday. On August 25, 2003, it was ordered that Mikaela and Reginald attend school in the Carlisle School District, which was the district in which the father was living.1 On October 4,2004, following a hearing on the merits, the prior custody orders were vacated and replaced with an order providing, inter alia: (2) The mother, Tanya Vasquez, shall have primary physical custody of Reginald as of noon, Saturday, October 9, 2004. (3) The father, Reginald L. Oberton, shall then have temporary physical custody of Reginald during the school year, as follows: (a) Starting on Friday, October 22,2004, every other Friday from after school until Sunday evening or Monday evening if Monday is a school holiday. (b) Starting on Wednesday, October 20,2004, every Wednesday from after school until 7:30 p.m. (c) Such other times as the parties shall agree. 1 (4) During each summer school vacation period, Reginald shall spend two weeks with his father and one week with this mother, on an alternating basis until school resumes. Transfers shall be on Fridays. 1 While there are additional reasons for the entry of this order, one of the most significant is that Reginald is no longer staying in the father's home overnight during the school week. After this order was entered, the children attended school in the Cumberland Valley School District where the mother lived. The father filed the current petition to modify this order. He sought primary physical custody of Mikaela and Reginald. At a hearing on March 3, 2006, he withdrew his claim for the physical custody of Mikaela on the basis that she wants to continue to live I The mother was living in the Cumberland Valley School District. -2- 02-0851 CIVIL TERM with her mother. He pursued his claim for the physical custody of Reginald on the basis that he wants to live with him. In September, 2005, the mother moved from Cumberland County to Steelton to live with Lance Chisholm, age 47, whom she met a little over a year ago. They purchased a four bedroom home in which Chisholm's sixteen-year-old son, Lance, lives. The mother enrolled her children in school in Steelton, where Mikaela is in the eighth grade and Reginald the seventh grade. Chisholm is a corrections officer at the Dauphin County Prison, where he works a 6:00 a.m. to 2:00 p.m. shift. He is also a longtime assistant football coach at Steelton Highspire High School. The mother is an insurance consultant for Aflac, where she works Monday through Fridays from 8:00 a.m. to 4:00 p.m. The father is engaged to Jody Ressinger, an occupational therapist, who lives with her son, age 13, and daughter, three and one-half, in the Borough of Carlisle. She has known the father for approximately two and a half years. The paternal grandmother, Debora Webb, and her husband Jesse, live a few blocks from Ressinger. The father stays in Ressinger's home most nights, although he occasionally stays in the home of his mother. When the father has Reginald and Mikaela, they stay with him in Ressinger's home, although Mikaela often stays in her grandmother's home. Generally, the father spends more time with his son than with his daughter. The father works at CR Powers weekdays from 7:30 a.m. to 4:00 p.m. He testified that if physical custody of Reginald is awarded to him, they will live in his mother's home until he marries Jody Ressinger, then in -3- 02-0851 CIVIL TERM Ressinger's home. Debora Webb and Jody Ressinger testified they would welcome Reginald living in their homes. Mikaela is intelligent, mature for her years, and doing well in school. Reginald seems immature for his years. She and Reginald state that they get along with each other. Reginald loves sports. He plays football, basketball and runs track at school. He has a significant number of tardies at school. His grades went down considerably this year, although he is now doing better. He acknowledged having difficulties in school, and when asked why, he said it is because he does not do his homework. He stated: I don't know why I'm not doing my homework because I just go home and go to sleep because, like, I can't really go outside because most of the kids down there that I'm friends with they do bad things, they smoke and stuff, and I don't want to be a part of that. a If you are inside, why don't you do your homework? A I just go to sleep because, like, homework is boring. I just don't like to do it. Reginald said that his mother gets upset when he does not do his homework. His teachers have told the mother that he is a bright kid, but lazy. When asked why he wanted to live with his father, Reginald stated: A Because I know more people over here, and like the school in Steelton it's like Steelton school is like there's always fights and stuff. It's always in the newspaper, and kids just like to pick on people for no reason, and not all the teachers, but like one or two of them were weird, well, not weird but mean, but that's just teachers. a Have you gotten in any fights yourself since you have been over there? A Yes. a How many? A Like two. a Were you in any fights in school before you ever went over there? A Before? -4- 02-0851 CIVIL TERM Q Yeah. A Not at Wilson, not Cumberland Valley, but I think like in fifth grade last time I got in a fight at Carlisle. Q These two fights over there, did you win them or lose it or was it a draw? A A teacher stopped them. Reginald stated that he gets along well with Chisholm's sixteen-year-old son, but not as well with Chisholm. He said: Well, [Chisholm] is, like, he's always mean to me. I don't know why. Like, I think it's because like I've disrespected him before because he was, like, he was like - I keep saying like. He was, like, he was rude, and he's been rude lately because I'm not sure why but he's just been rude to me a lot. My mom's been like - she's been mad at like - if I say one thing, she just started yelling at me for no reason, but my sister says stuff and she never gets in trouble. I always get in trouble if I just say the wrong thing. Chisholm testified that he took Reginald to a football camp for several days last summer, and he really enjoyed the experience. When asked about it in chambers, Reginald had no memory of it. The mother and Chisholm testified that Reginald does fine in their household until it is time to go with his father. His whole persona changes before and after those visits. The father complained that the mother sometimes interferes with his every other weekend periods of physical custody. The mother testified that the father does not always show up to get Reginald for those periods, and that she has refused him his next weekend when that happens. She demands that he take both children for his periods of physical custody. Reginald testified that the weekend before the hearing he chose to go to a party rather than spend it with his father. In the summer of 2005, the father exercised none of his periods of physical custody with his children, which were to be two weeks with him and one week with the mother on -5- 02-0851 CIVIL TERM an alternating basis until school resumed. When asked about that, Reginald said that he did not remember much about the summer of 2005. The father did resume his every other weekend periods with both children when school resumed last fall. A determination of a child's best interest is on a case-by-case basis, and is to be premised upon consideration of all facts that legitimately affect the child's physical, intellectual, moral and spiritual well-being. Alfred v. Braxton, 442 Pa. Super. 381 (1995). The preference of a child in a custody case, although not controlling, is a factor to be considered as long as it is based on good reasons. EAL v. LJW, 662 A.2d 1109 (Pa. Super. 1995). The child's maturity and intelligence must be considered. Cardamone v. Elshoff, 659 A.2d 575 (Pa. Super. 1995). In Watters v. Watters, 757 A.2d 966 (Pa. Super. 2000), the Superior Court of Pennsylvania stated: . . . where possible, siblings should be raised together absent "compelling reasons" to do otherwise. Pi/on v. Pi/on, 342 Pa.Super. 52,492 A.2d 59, 60 (1985). In examining the meaning of the term compelling reasons, this Court asked a question pertinent here, that is, "did the evidence indicate that it was 'necessary' to separate the children, was the evidence 'forceful' in this regard, or was it, in other words, 'compelling.'" Id. However, this policy is a consideration in rather than a determinant of custody arrangements. Wiskoski v. Wiskoski, 427 Pa.Super. 531, 639 A.2d 996 (1993) . . . In the present case, the animosity between the parents is high. They have little communication regarding their children. Having been involved with them over the years, our impression is that there is limited hope for improvement. Reginald needs counseling, and firm parental control. Simply changing schools and the custodial arrangement is not the answer at this point. We find it -6- 02-0851 CIVIL TERM inexplicable that the father is now seeking to be a full-time parent and to separate his children when he failed to exercise any of his extensive periods of temporary physical custody last summer. The evidence is not that forceful that it is necessary to separate the children. The father is reacting, understandably, to his son's stated desire to move to Carlisle. However, there is potential harm that can result from the disruption of established patterns of care and emotional bonds that underscores the need for continuity and stability to custody agreements. It is not in Reginald's best interest to transfer his custody to the father at this time. For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this rtday of March, 2006, IT IS ORDERED: (1) The petition of Reginald Oberton to modify the custody order of October 4, 2004, IS DENIED. (2) The parents shall undertake together not less than three sessions of counseling devoted to improving their parenting skills and cooperation involving the care of their children. The mother shall arrange for these sessions at InterWorks, 4335 N. Front Street, Harrisburg, Pennsylvania, when they are both off work, and they shall divide the cost. (3) The mother shall arrange for general counseling for Reginald to deal with his various difficulties. Both parents shall sign any consents necessary to obtain this counseling, and shall participate to the extent requested by the counselor. To the extent such services are not covered by insurance by either the mother or father or both, the parents shall divide the costs. -7- 02-0851 CIVIL TERM James Nealon, Esquire For Plaintiff Paul Orr, Esquire For Defendant :sal -8- By the Court, /'