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HomeMy WebLinkAbout02-1135JILLYAN N. ALBRIGHT, Plaintiff/Petitioner VS. DENNIS O'DONNELL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · o &_i/3C~iViL : NO. : CUSTODY ORDER OF COURT ~IND NOYr', this __ day of March, 2002, upon consideration of the Petition for Special Relief, the following Order is entered regarding Brooklyn Albright, bom April 5, 2000: 1. The mother, Jillyan N. Albright, shall have primary physical custody of the child; 2. The father shall immediately return the child to the custody of the mother; 3. The police shall facilitate the transfer of custody to the mother, if the mother requests assistance; 4. The father, Dennis O'Donnell, shall have partial custody every Wednesday and every other Saturday at times mutually agreed upon by the parties. This Order shall remain in effect pending further Order of Court after a conciliation conference. By the Court, JILLYAN N. ALBRIGHT, Plaintiff/Petitioner DENNIS O'DONNELL, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA iNO.I~O-/]~CIVIL TERM :CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, Jillyan N. Albright, by and through her counsel, David Lopez and Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, Jillyan N. Albright, hereinafter referred to as the mother, who currently resides at 6 Hilltop Drive, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Dennis O'Donnell, hereinafter referred to as the father, who, to the best of the Plaintiff's knowledge, resides at 30 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 3. The above-named parties are the natural parents of Brooklyn Albright, born April 5, 2000. 4. The mother has filed a Complaint for Custody contemporaneously with the filing of this Petition for Special Relief and has requested that a Conciliation Conference be scheduled. 5. It is in the child's best interest to be in the custody of the mother for reasons including the following: a) The mother has been the child's primary caregiver since her birth; b) On or about February 22, 2002, the child's father removed the child from daycare withoUt notifying the mother and is now refusing her any contact with the child since that time in spite of many attempts to see her child. c) The father has never resided with the mother and child and his contact with the child has been limited to periods of partial custody. c) Prior to the removal of the child from daycare, the father never had an overnight visit with the child. 6. Without this Court's intervention, the child will be harmed by being further denied the care and nurturing of his mother who has been her primary caregiver since his birth. WHEREFORE, Plaintiff/petitioner requests the following: a) The Court grant Plaintiff temporary custody of her child pending further order of court following a conciliation conference. b)Any other relief this Court deems just and proper. Respectfully submitted, D~t Lopez Joan Carey Attorney for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION I, Jillyan N. Albright, verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. intifl7Petitioner ~)~at e / JILLYAN N. ALBRIGHT, Plaintiff VS. ENNIS O DONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- //.2~ CIVIL TERM CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before 2 -- ' the conciliator, at on the day of , 001, at .m., fora Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to the scheduled conference. By the Court, Date Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JILLYAN N. ALBRIGHT, Plaintiff DENNIS O'DONNELL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02- CIVIL TERM :CUSTODY _COMPLAINT FOR CUSTODY 1. The plaintiffis Jillyan N. Albright, residing at 6 Hilltop Drive, Shippensburg, Cumberland County, Pennsylvania. 2. The defendant is Dennis O'Donnell, residing at 30 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 3. The plaintiffseeks custody of the following child: Name Present Residence Brooklyn Albright 30 East Orange Street The child was born out of wedlock. Age almost 2 years; DOB 4/5/00 The child is presently in the custody of Dennis O'Donnell, who resides at 30 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Jillyan N. Albright, Sheri Albright, JeffAlbright, Jordan Albright Dennis O'Donnell, Louise Lynch, Leroy Lynch 6 Hilltop Drive Shippensburg, PA 30 East Orange Street Shippensburg, PA Date Birth to 2/22/02 2/22/02-present The mother of the child is Jillyan Albright, currently residing at 6 Hilltop Drive, Shippensburg, Pennsylvania. She is single. The father of the child is Dennis O'Donnell, believed to be currently residing at 30 East Orange Street, Shippensburg, Pennsylvania. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently is residing at 6 Hilltop Street, Shippensburg, Pennsylvania. 5. The relationship of defendant to the child is that of father. The defendant is believed to be currently residing with the following persons: Nanle Louise Lynch Leroy Lynch Relationship Defendant's grandmother Defendant's grandfather 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The plaintiff has no information ora custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The plaintiff/mother has been the primary caregiver of the child since birth and it is not in the best interests of the child to be separated from her mother. b. The defendant/father has not expressed an interest in the care and upbringing of the child and has had his parents care for the child. c. The father does not provide a stable environment for the child. d. The father has been involved with the criminal court system 10. Each parent whose parental rights to the child have not been terminated and, to the best of the plaintiff's knowledge, the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the child to her with visitation in the defendant at times mutually agreed upon by the parties. Respectfully submi~ed, ,/~ al~vid Lopez, Attomi35 for 61ainl~f Joan Carey, Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION. The above-named Plaintiff, Jillyan N. Albright, verifies that the statements made in the above Complaint for Custody are true and correct. Plaintiffunderstands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswoTM falsification to authorities. yan ~. Albright(~ d -- YlLLYAN N. ALBKIGHT : : PLAINTIFF V. iN THE cOURT OF COMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA 02-1135 CIVIL ACTION LAW DENNIS O'DONNELL DEFENDANT : iN CUSTODY ORDER OF COURT AND NOW, Thursday, March 07, 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, April 03, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATI'ORNEY 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 ¥1NVA'IASNNaa JILLYAN ALBRIGHT, Plaintiff VS. DENNIS O'DONNELL, Defendant :IN THE COURT OF COMMON PLEAS : :OF CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 02-1135 CIVIL TERM : :CUSTODY PRAECIPE TO WITHDRAW APPEARANCE I, David Lopez, withdraw my appearance as attorney of record for Jillyan Albright, the plaintiff in the above-captioned case. D~te / MidPenn Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE I, David Perkins, enter my appearance as attorney of record for Jillyan Albright, the plaintiff in the above-captioned case. /l~.O-~ 5*-0 "~ Date David Perkins, Esq. 4 James Circle Shippensburg, PA 17257 New Text Document JILLYAN N. ALBRIGHT : PLAINTIFF : V. : DENniS O'DONNELL : DEFENDANT : IN THE COURT OF COCA, ON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA 02-1135 CIVIL ACTION-LAW IN CUSTODY Acceptance of Service I accept service of the Custody Complaint in the above captioned matter. DATE: APRIL 3 , 2002 Page i JILLYAN N. ALBRIGHT, Plaintiff V. DENNIS O'DONNELL, Defendant 2002 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. -%s~n~_-l135 CIVIL TERM : : IN CUSTODY ORDER OF COURT ANDNOW, this JO dayof ~n~ff~ ,2002, upon consideration of the attached Custody Concilia{~n Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~/ , of the Cumberland _C,o_unty Court House, onthe /a'ff dayof ~ ,2002, at qJ ,30 o clock, ~. M., at which tirh~ testimony will(~6e 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 following shall remain in effect: 3. The Mother, Jillyan N. Albright, and the Father, Dennis O'Donnell shall have shared legal custody of Brooklyn Albright, bom April 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 4. The parents shall have shared physical custody of the child on a week on/week off basis. The time and day of exchange shall be Sunday at 5:00 p.m. Father shall have the first week beginning April 14, 2002. The non-custodial parent shall have a period of physical custody on Wednesdays from 5:00 p.m. to 8:00 p.m. 5. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 6. The parties shall split and alternate Memorial Day, 4th of July and Labor Day from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. 7. The parties shall split and alternate Thanksgiving from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. 8. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years; Mother shall have Block A in odd numbered years. Father shall have Block B in odd numbered years; Mother shall have Block B in even numbered years. birthday. Each parent shall have a block of time with the child on the child's 10. Transportation shall be shared such that the receiving party shall provide transportation. 11. Neither party shall do or say anything, nor permit any third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 12. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as deemed consistent with proper medical care of the child. 13. Neither party shall remove the child from the jurisdiction without prior notification to the other party of the location, address and phone number. 14. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, c 'F~avid Perkins, Esquire, counsel for Mother //.-Efrian P. Raney, Esquire, counsel for Father JILLYAN N. ALBRIGHT, Plaintiff V. DENNIS O'DONNELL, Defendant 2002 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002-1135 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.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 conceming the Child who is the subject of this litigation is as follows: NAME Brooklyn Albright DATE OF BIRTH CURRENTLY IN CUSTODY OF April 5, 2000 Mother 2. A Conciliation Conference was held April 11, 2002 with the following individuals in attendance: The Mother, Jillyan N. Albright, with her counsel, David Perkins, Esquire, and the Father, Dennis O'Donnell, with his counsel, Brian P. Raney, Esquire. 3. The Honorable George E. Hoffer, President Judge, previously entered an Order of Court, pursuant to a Petition for Emergency Relief, dated March 6, 2002 granting primary physical custody of the child to Mother, ordering Father to return the child to Mother at once and granting Father periods of partial custody. 4. Father's position on custody is as follows: Father seeks shared legal and physical custody on a week on/week off basis. Father maintains that he previously cared for the child who has special needs. Father claims Mother abandoned the child for a four-month period in 2001. The child was cared for during that time period by maternal grandparents and Father. Father alleges Mother has a drug problem, has committed adultery, has lived with various men at various addresses. Mother is presently living with her parents and Father alleges that the maternal grandparents are actually caring for the child instead of Mother. Lastly, Father claims Mother withheld custody of the child from Father, making it necessary for Father to take the baby from her day care provider and withholding the child from Mother. The parties live in close proximity to one another and a week on/week off custody arrangement would not be a hardship for either. Father is presently unemployed and can transport the child to her physical therapy in Philadelphia. 5. Mother's position on custody is as follows: Mother seeks legal custody and primary physical custody with Father having an alternating weekend schedule. Mother contends that Father has not cared for the child alone as he indicates· Mother denies drug use. Mother advises that Father has a prior conviction for burglary for which he is still on probation or parole and has a theft charge pending. Mother indicated that she intends to enter the Navy on July 16, 2002 and proposes that the maternal grandparents become custodians for the child once she departs for the service. Mother is employed as a hostess/waitress in Chambersburg. She can arrange her schedule to transport the child to her physical therapy appointments also. · The Conciliator recommends an Order in the form as attached scheduling ~T .6 ~ __~_~:.,, ,ha ,,arents shared legal and physical custody on a week on/week a l-tearing anu gttm~t,,~ ~,,,~ v off schedule. It is expected that the Hearing will require one day. /~acql~line M. Vemey, Esquire Custody Conciliator Date Jillyan N. Albright VS. Dennis O'Donnell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Defendant. CIVIL ACTION-LAW NO. 02-1135 CIVIL TERM IN CUSTODY AGI~EEMENT FOR CmLD CUSTODY This Stipulation and Agreement is made this -t 4~ day of O ~,,o~r , 2002, by and between Jillyan N. Albright of 6 Hill Top Drive, Shippensburg, Pennsylvania, (hereinafter referred to as "Mother") and Dennis O'Donnell of 30 East Orange Street, Shippensburg, Pennsylvania, (hereinafter referred to as" Father"). 1. Father and Mother are the natural parents of Brooklyn Taylor Paige Albright, born Apdl 5, 2000, hereinafter referred to as "the child". 2. Father and Mother were not married at the time of the birth of the child. The parties were subsequently married. 3. Mother has initiated a custody action in the Court of Common Pleas of Cumberland County, Pennsylvania and the parties are currently subject to an Order of Court dated Apdl 17, 2002 entered following custody conciliation. Hearing has been scheduled for October 10, 2002. 4. The parties have reached an agreement with regard to the custody of the child and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound hereby stipulate and agree that this Court may enter the following Order of Court in the above-captioned case: 1. The Mother, Jillyan N. Albright, and the Father, Dennis O'Donnell shall have shared legal custody of Brooklyn Taylor Paige Albright, born April 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parents shall have shared physical custody of the child on a week on/week off basis. The time and day of exchange shall be Sunday at 5:00 p.m. Father shall have the first week beginning April 14, 2002. The non-custodial parent shall have a period of physical custody on Wednesdays from 5:00 p.m. to 8:00 p.m., 3. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 4. The parties shall split and alternate Memorial Day, 4 th of July and Labor Day from 9: a.m. to 3:00 p.m. and 3: p.m. to 9:00 p.m. 5. The parties shall split and alternate Thanksgiving from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years; Mother shall have Block A in odd numbered years, Father shall have Block B in odd numbered years; Mother shall have Block B in even numbered years. 7. Each parent shall have a block of time with the child on the child's birthday. 8. Transportation shall be shared such that the receiving party shall provide transportation. 9. Neither party shall do or say anything, nor permit any third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. The parties shall keep each other advised immediately relative to any emergencies, medical or othen~ise, concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected, During such illness or medical emergency, each party shall have the right to visit the child as often as deemed consistent with proper medical care of the child. 11. Neither party shall remove the child from the jurisdiction without prior notification to the other party of the location, address and phone number. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. The parties acknowledge that they have willingly and voluntarily signed this Agreement for Custody, and they both hereby waive their respective rights to be present in open Court at such time as this agreement is entered as an Order of Court IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this agreement, execute this Agreement by signing below. Witness (~yan ~i-. Albright ~_ - ~.~ . D~nnis ~-Donnelt-/ I verify that the statements made in this Stipulation and Agreement are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: ~.~-LLY,~I L. ALBRI'GHT ~ I verify that the statements made in this Stipulation and Agreement 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 falsification to authorities. Dated: DENNIS O'DONNELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OC ' 200Z Jillyan N. Albright Plaintiff, VS. Dennis O'Donnell Defendant. CIVIL ACTION - LAW NO. 02-1135 CIVIL TERM IN CUSTODY ORDER OF COURT NOW, ~.~a~,, '~3~, 2002, upon consideration of the within Agreement for Child Custody, it is hereby ordered as follows: 1. The Mother, Jillyan N. Albdght, and the Father, Dennis O'Donnell shall have shared legal custody of Brooklyn Taylor Paige Albright, born April 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parents shall have shared physical custody of the child on a week on/week off basis. The time and day of exchange shall be Sunday at 5:00 p.m. Father shall have the first week beginning April 14, 2002. The non-custodial parent shall have a period of physical custody on Wednesdays from 5:00 p.m. to 8:00 p.m. 3. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 4. The parties shall split and alternate Memorial Day, 4 th of July and Labor Day from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. 5. The parties shall split and alternate Thanksgiving from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years; Mother shall have Block A in odd numbered years, Father shall have Block B in odd numbered years; Mother shall have Block B in even numbered years, 7. Each parent shall have a block of time with the child on the child's birthday. 8. Transportation shall be shared such that the receiving party shall provide transportation. 9. Neither party shall do or say anything, nor permit any third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. The parties shall keep each other advised immediately relative to any emergencies, medical or othenNise, concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected, Dudng such illness or medical emergency, each party shall have the right to visit the child as often as deemed consistent with proper medical care of the child. 11. Neither party shall remove the child from the jurisdiction without pdor notification to the other party of the location, address and phone number. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jillyan N. Albright : Plaintiff, : VS. _. Dennis O'Donnell : Defendant. : CIVIL ACTION - LAW NO. 02-1135 CIVIL TERM IN CUSTODY AGREEMENT FOR cm!~D CUSTODY This Stipulation and Agreement is made this '1 4~- day of 2002, by and between Jillyan N. Albright of 6 Hill Top Drive, Shippensburg, Pennsylvania', (hereinafter referred to as "Mother") and Dennis O'Donnell of 30 East Orange Street, Shippensburg, Pennsylvania, (hereinafter referred to as" Father"). Father and Mother are the natural parents of Brooklyn Taylor Paige Albright, born April 5, 2000, hereinafter referred to as "the child". Father and Mother were not married at the time of the birth of the child. The parties were subsequently married. Mother has initiated a custody action in the Court of Common Pleas of Cumberland County, Pennsylvania and the parties are currently subject to an Order of Court dated April 17, 2002 entered following custody conciliation. Hearing has been scheduled for October 10, 2002. The parties have reached an agreement with regard to the custody of the child and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound hereby stipulate and agree that this Court may enter the following Order of Court in the above-captioned case: 1. The Mother, Jillyan N. Albright, and the Father, Dennis O'Donnell shall have shared legal custody of Brooklyn Taylor Paige Albright, born April 5, 2000. Each parent shall have an equal dght, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The parents shall have shared physical custody of the child on a week on/week off basis. The time and day of exchange shall be Sunday at 5:00 p.m. Father shall have the first week beginning April 14, 2002. The non-custodial parent shall have a period of physical custody on Wednesdays from 5:00 p.m. to 8:00 p.m., 3. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 4. The parties shall split and alternate Memorial Day, 4 th of July and Labor Day from 9: a.m. to 3:00 p.m. and 3: p.m. to 9:00 p.m. 5. The parties shall split and alternate Thanksgiving from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block ^ in even numbered years; Mother shall have Block A in odd numbered years, Father shall have Block B in odd numbered years; Mother shall have Block B in even numbered years. 7. Each parent shall have a block of time with the child on the child's birthday. 8. Transportation shall be shared such that the receiving party shall provide transportation. 9. Neither party shall do or say anything, nor permit any third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 10. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected, Dudng such illness or medical emergency, each party shall have the right to visit the child as often as deemed consistent with proper medical care of the child. 11. Neither party shall remove the child from the jurisdiction without prior notification to the other party of the location, address and phone number. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. The parties acknowledge that they have willingly and voluntarily signed this Agreement for Custody, and they both hereby waive their respective rights to be present in open Court at such time as this agreement is entered as an Order of Court IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this agreement, execute this Agreement by signing below. Witness an (~: Albright ~ - ~._~ - . D~nnis O~bonnelf-/-- ~"~'~' I verify that the statements made in this Stipulation and Agreement are l~ue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: 0 ~ 13~p. --t,,,,Q_ooo' ~.~-LLY~N L. ALBRI'GHT ~,~ I verify that the statements made in this Stipulation and Agreement 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 falsification to authorities. Dated: DENNIS O'DONNELL