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HomeMy WebLinkAbout06-5196John R. Ocker, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : CUSTODY Annette E. Ocker, Defendant NO. 6(.- 514L Cj,-i ! .. PLAINTIFF'S COMPLAINT FOR CUSTODY Plaintiff is John R. Ocker, an adult individual who resides at 29 Stewart Place, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Annette E. Ocker, an adult individual who resides at 217 Jumper Road, Newburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks to gain primary physical custody of the following children: Name Present residence Age Nicole Ocker 217 Jumper Road. Newburg, PA 5 years Alvssa Ocker 217 Jumper Road, Newburg. PA 11 years Both children were not born out of wedlock. The children are presently in the custody of Defendant who resides at: 217 Jumper Road Newburg, Pennsylvania During the past five years, the children have resided with the following persons and at the following addresses: Alvssa Ocker: Names Addresses Dates John R Ocker 217 Jumper Road, Newburg, PA 03/14/1995 - present Annette E. Ocker 217 Jumper Road, Newburg, PA 03/14/1995 - present Nicole Ocker: Names Addresses Dates John R. Ocker 217 Jumper Road. Newburg, PA 12/15/2000 - present Annette E. Ocker 217 Jumper Road. Newburg, PA 12/15/2000 - present The natural father of both children is John R. Ocker, currently residing at 29 Stewart Place, Shippensburg, Cumberland County, Pennsylvania. He is currently married to Defendant. The natural mother of both children is Annette E. Ocker, currently residing at 217 Jumper Road, Newburg, Cumberland County, Pennsylvania. She is currently married to Plaintiff. 4. The relationship of Plaintiff to both children is that of natural father. Plaintiff currently resides with the following persons: Name Relationship None N/A 5. The relationship of Defendant to both children is that of natural mother. Defendant currently resides with the following persons: Name Relationship None N/A 6. Plaintiff has not participated as a party or in any other capacity in other litigation concerning custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children are served by Plaintiff having primary physical custody of both children for the following reasons: a. Each child has a dedicated bedroom at Plaintiff s three-bedroom apartment. b. Plaintiff s apartment is located in a safe neighborhood. c. The children have friends in Plaintiffs neighborhood, but none in the neighborhood of the marital residence. d. Plaintiffs residence is directly across the street from the childrens' paternal grandparents' residence. e. Plaintiff s mother is a retired school teacher and tutors Alyssa after school Monday through Thursday, beginning in the 2003/2004 school year. With her grandmother's help, Alyssa has shown marked improvement. f. Defendant has insulted Alyssa in the past when she had trouble with her homework. g. Defendant has become violent in the past, on one occasion throwing a turkey roaster ("crock") at Plaintiff. It. Defendant has clearly indicated that she will not foster and encourage a relationship between Plaintiff and their children, as she has denied all requests by Plaintiff to spend unsupervised time with the children. i. It is believed and therefore averred that Plaintiff is more likely to provide essential emotional and educational support for both children. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff respectfully requests that This Honorable Court grant Plaintiffs prayer for primary physical custody of both his minor children. Respectfully submitted, PA Supreme Court ID No. 85643 240 South 18"' Street Camp Hill, PA 17011 Telephone: (717) 737-2390 Facsimile: (717)763-4958 Patrick / Fugett Associates VERIFICATION I have read the foregoing Complaint and verify that the statements made therein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. (? John Ocker, Defendant CERTIFICATE OF SERVICE I, Stephen O. Fu ett, Esq., Attorney for John R. Ocker, Plaintiff, hereby certify that on the 70i_ day ofse 3M J .; 2006, I served a true and correct copy of Plaintiff s Complaint for Custody upon the following persons in the manner indicated: SERVICE BY CERTIFIED MAIL. RESTRICTED DELIVERY. RETURN RECEIPT REOUESTED: Annette E. Ocker 217 Jumper Road Newberg, PA 17240 SERVICE BY FIRST-CLASS UNITED STATES MAIL. ADDRESSED AS FOLLOWS: Annette E. Ocker 217 Jumper Road Newberg, PA 17240 Patrick / Fugett Associates jLJ (r /I' r St en O. Fugett, squire PA Supreme Court ID No. 85643 240 South 18`s Street Camp Hill, PA 17011 Telephone: (717) 737-2390 Facsimile: (717)763-4958 1 P N t .P p -tG C=. `ter'. .-i n - i fill ` 4i ( 1 ? y 1 L C h ro ? y U JOHN R. OCKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-5196 CIVIL ACTION LAW ANNETTE E. OCKER IN CUSTODY DFFFNDANT ORDER OF COURT AND NOW, Wednesday, September 13, 2006 _ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA_ 17011 on _______Friday, October 13, 2006 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/ Melissa P. Czreevy? Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 "Telephone (717) 249-3166 .C?a? qa ?i b .70 ;:sits{ x.11' 1 t John R. Ocker, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CUSTODY Annette E. Ocker, Defendant NO. 06-5196 Affidavit of Completion of Service I, Stephen O. Fugett, Esquire, counsel for Plaintiff in the above-captioned case, hereby represent that service of the custody complaint upon Defendant in the above-captioned case is complete, pursuant to Pa.R.C.P. No. 1930.4(c)(1), and as support, respectfully aver the following: 1. Pursuant to Pa.R.C.P. No. 1930.4(c), I served a true and correct copy of the custody complaint upon Defendant on September 8, 2006, via regular mail, and certified mail, restricted-delivery, return receipt requested (please see Exhibit A). 2. As of the date of this Affidavit, I have not received the return receipt from the copy served upon Defendant via certified mail. 3. As of the date of this Affidavit, the copy served upon defendant via regular mail has not been returned and at least 15 days have elapsed since the date of service. Respectfully Submitted, Patrick / Fugett Associates Stephen O. Fugetf; Wquire PA Supreme Court ID No. 85643 240 South 18t' Street Camp Hill, PA 17011 Telephone: (717) 737-2390 Facsimile: (717)763-4958 CERTIFICATE OF SERVICE I, Stephen O. Fu ett, Esq., Attorney for John R. Ocker, Plaintiff; hereby certify that on the _ day of j ?e t w 2006, I served a true and correct copy of Plaintiff s Complaint for Custody upon the following persons in the manner indicated: SERVICE BY CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED: Annette E. Ocker 217 Jumper Road Newberg, PA 17240 SERVICE BY FIRST-CLASS UNITED STATES MAIL ADDRESSED AS FOLLOWS: Annette E. Ocker 217 Jumper Road Newberg, PA 17240 Patrick I Fugett Associates )6 0-1 St en O. Fugeuir PA Supreme Court ID No. 85643 240 South 18d' Street Camp Hill, PA 17011 Telephone: (717) 737-2390 Facsimile: (717)763-4958 ?? . c ?' , ,?, ' ° ,, ,J, T,. ? t - _;., ..?; ? ? n j_ ? ? ,: ? ?% JOHN R. OCKER, Plaintiff V. ANNETTE E. OCKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5196 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT Kevw+?l,ec AND NOW, this end day of-AetebeF, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, John R. Ocker and Annette E. Ocker, shall have shared legal custody of the minor children, Nicole Ocker, born December 15, 2000, and Alyssa Ocker, born March 14, 1995. 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. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. Physical Custody. The physical custodial time for the children shall be arranged as follows: A. Father shall have custody on alternating weekends from Friday at 5:00 p.m. until Sunday at 3:00 p.m., commencing October 20, 2006. B. Father shall have custody on Tuesday from 5:00 p.m. until Wednesday morning when the children are returned to the maternal grandmother at 7:00 a.m., commencing October 17, 2006. NO. 06-5196 CIVIL TERM C. Father shall have custody on Thursday from 5:00 p.m. until Friday mornings when the children are returned to the maternal grandmother at 7:00 a.m., commencing October 19, 2006. D. In the event that Father has to work on Saturday, Father's custodial weekend shall be from Saturday at 5:00 p.m. until Sunday at 3:00 p.m. and Father shall have custody on Friday evening from 5:00 p.m. until 8:00 p.m. Father will notify Mother by Thursday preceding his custodial weekend whether or not he has to work on Saturday and which day in the following week will be taken as his day off. E. When Father does not have custody, then Mother will have custody. 3. Vacation. Each parent shall be entitled to two uninterrupted weeks of summer vacation, which shall commence with their ordinary custodial weekend and run from Saturday to Saturday. The weeks shall be non-consecutive. The parties will provide each other with written notice of their intended vacation plans. In the event of a conflict in the vacation plan, the parent first providing written notice to the other shall have choice of the vacation week. 4. Holidays. The following holiday schedule shall supersede the regular schedule: A. Christmas A. In odd-numbered years, Mother will have custody from 9:00 a.m. until 11:00 p.m. on December 24 and on December 25 from 5:00 p.m. until December 26 at 5:00 p.m. Father shall have custody on December 24 at 11:00 p.m. until Christmas Day at 5:00 p.m. B. Christmas B. In even-numbered years, Mother shall have custody from Christmas Eve at 9:00 a.m. until December 25 at 1:30 p.m. and Father shall have custody from December 25 at 1:30 p.m. until December 26 at 1:30 p.m. C. New Year's Eve/New Year's Day. For purposes of clarity, the New Year's Eve/New Year's Day holiday on the attached scheduled shall be deemed to fall in the calendar year in which December 31 of the holiday falls. It NO. 06-5196 CIVIL TERM 5. This Order is entered based on mutual agreement of the parties who appeared at a Custody Conciliation and were represented by counsel. The parties may deviate from the terms of this Order by their mutual agreement. However, in the absence of their mutual agreement, the terms of this Order shall control. BY THE COURT: ?% A S3 \ \ J. Dist: Stephen 0. Fugett, Esquire, 240 S. 18th St., Camp Hill, PA 17011 Carol J. Lindsay, Esquire, 26 W. High St., Carlisle, PA 17013 J71 E t ? ? _'.,l i,i ,-9 r r^'? NO. 06-5196 CIVIL TERM HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS New Year's Eve/New From 6pm the evening before the Mother Father Year's Day holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1St Half From 6pm the evening before Father Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"d Half From 3pm on Thanksgiving Day to Mother Mother 6pm the day after Thanksgiving Day Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :284973 JOHN R. OCKER, Plaintiff V. ANNETTE E. OCKER, Defendant a ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5196 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicole Ocker December 15, 2000 Mother Alyssa Ocker March 14, 1995 Mother 2. Father filed a Complaint for Custody on September 7, 2006. A Custody Conciliation Conference was held on October 11, 2006. Attending the Conference were: the Father, John R. Ocker, and his counsel, Stephen O. Fugett, Esquire; the Mother, Annette E. Ocker, and her counsel, Carol J. Lindsay, Esquire. 3. The parents and counsel worked patien n agreement in the form of Order as attached was reached. plow b Melissa Peel Greevy, Esquire Custody Conciliator :284964 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John R. Ocker, Plaintiff V. Annette E. Ocker, Defendant No. 06-5196 CIVIL TERM Civil Action - Law In Custody ENTRY OF APPEARANCE AND NOW, comes M. Teri Hall Stiltner, Esquire of the Trgovac Law Office and enters her appearance on behalf of John R. Ocker, Plaintiff herein. Respectfully Submitted: TRGOVA LA OFFICE Dat &kooxf By: _ M. TERI HALLS LTNER, ESQUIRE Attorney I.D. No. 86337 The Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 (717) 262-9091 Fax: (717) 262-9095 Attorney for Plaintiff rJ i. 3 o° 0 0- ? cn r-- O` Q ? z „r D rr7 CO r Ca C d C- C= cs it , mit- ;, ? .:. cry E'er JOHN R. OCKER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ANNETTE E. OCKER, Defendant CIVIL ACTION - LAW NO. 06-5196 CIVIL TERM IN CUSTODY JUDGE M. L. EBERT PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, John R. Ocker, by and through his counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is John R. Ocker, the above named Plaintiff and an adult individual currently residing at 29 Stewart Place Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent is Annette E. Ocker, the above named Defendant and an adult individual currently residing at 217 Jumper Road, Newburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Nicole Ocker, born December 15, 2000, and Alyssa Ocker, born March 14, 1995. 4. The parties are subject to an Order of Court dated November 2, 2006, a copy of which is attached and incorporated herein by reference as Exhibit "A". 5. Since the entry of the Order of November 2, 2006, the children have continued to reside with the parties pursuant to the terms of the November 2, 2006 Custody Order and, as such, the children have continued to reside in Cumberland County, Pennsylvania. 6. The Court of Common Pleas of Cumberland County continues to have jurisdiction over the issue of custody of the children. 7. Each party continues to reside alone with the children at their respective residences. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children, except the prior proceedings that resulted in the November 2, 2006 Order. 9. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 11. It is in the best interest and permanent welfare of the children to modify the Order and provide for a more routine shared physical custody arrangement and to modify the custody schedule set forth in the prior Order accordingly. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing for the parties to have shared legal and physical custody of their children. Respectfully submitted, f ie, Esquire ro!!r!,e?yor Plaintiff GRIME & 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. ?Iol DATE: 'x C ? f JOH R. OCKER, Plaintiff JOHN R. OCKER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ANNETTE E. OCKER, Defendant CIVIL ACTION - LAW NO. 06-5196 CIVIL TERM IN CUSTODY JUDGE M. L. EBERT CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the Aay of December, 2008, cause a copy of Plaintiff's Petition for Modification of Custody to be served upon the Defendant, Annette E. Ocker, by serving her attorney of record by first class mail, postage prepaid, at the following addresses: DATE: Carol J. Lindsey, Esquire 26 West High Street Carlisle, PA 17013 JOHN R. OCKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANNETTE E. OCKER, Defendant NO. 06-5196 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT NeNtw?1.e?' AND NOW, this end day ofAetebeF 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, John R. Ocker and Annette E. Ocker, shall have shared legal custody of the minor children, Nicole Ocker, born December 15, 2000, and Alyssa Ocker, born March 14, 1995. 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. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. Physical Custody. The physical custodial time for the children shall be arranged as follows: A. Father shall have custody on alternating weekends from Friday at 5:00 p.m. until Sunday at 3:00 p.m., commencing October 20, 2006. B. Father shall have custody on Tuesday from 5:00 p.m. until Wednesday morning when the children are returned to the maternal grandmother at 7:00 a.m., commencing October 17, 2006. Exhibit "A" NO. 06-5196 CIVIL TERM C. Father shall have custody on Thursday from 5:00 p.m. until Friday mornings when the children are returned to the maternal grandmother at 7:00 a.m., commencing October 19, 2006. D. In the event that Father has to work on Saturday, Father's custodial weekend shall be from Saturday at 5:00 p.m. until Sunday at 3:00 p.m. and Father shall have custody on Friday evening from 5:00 p.m. until 8:00 p.m. Father will notify Mother by Thursday preceding his custodial weekend whether or not he has to work on Saturday and which day in the following week will be taken as his day off. E. When Father does not have custody, then Mother will have custody. 3. Vacation. Each parent shall be entitled to two uninterrupted weeks of summer vacation, which shall commence with their ordinary custodial weekend and run from Saturday to Saturday. The weeks shall be non-consecutive. The parties will provide each other with written notice of their intended vacation plans. In the event of a conflict in the vacation plan, the parent first providing written notice to the other shall have choice of the vacation week. 4. Holidays. The following holiday schedule shall supersede the regular schedule: A. Christmas A. In odd-numbered years, Mother will have custody from 9:00 a.m. until 11:00 p.m. on December 24 and on December 25 from 5:00 p.m. until December 26 at 5:00 p.m. Father shall have custody on December 24 at 11:00 p.m. until Christmas Day at 5:00 p.m. B. Christmas B. In even-numbered years, Mother shall have custody from Christmas Eve at 9:00 a.m. until December 25 at 1:30 p.m. and Father shall have custody from December 25 at 1:30 p.m. until December 26 at 1:30 p.m. C. New Year's Eve/New Year's Day. For purposes of clarity, the New Year's Eve/New Year's Day holiday on the attached scheduled shall be deemed to fall in the calendar year in which December 31 of the holiday falls. 1. NO. 06-5196 CIVIL TERM 5. This Order is entered based on mutual agreement of the parties who appeared at a Custody Conciliation and were represented by counsel. The parties may deviate from the terms of this Order by their mutual agreement. However, in the absence of their mutual agreement, the terms of this Order shall control. BY THE COURT: Dist: Stephen 0. Fugett, Esquire, 240 S. le St., Camp Hill, PA 17011 Carol J. Lindsay, Esquire, 26 W. High St., Carlisle, PA 17013 ?r`?"" Y15- NO. 06-5196 CIVIL TERM HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS New Year's Eve/New From 6pm the evening before the Mother Father Year's Day holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 18t Half From 6pm the evening before Father Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Mother Mother 6pm the day after Thanksgiving Day Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :284973 JOHN R. OCKER, Plaintiff V. ANNETTE E. OCKER, Defendant e'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5196 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicole Ocker December 15, 2000 Mother Alyssa Ocker March 14, 1995 Mother 2. Father filed a Complaint for Custody on September 7, 2006. A Custody Conciliation Conference was held on October 11, 2006. Attending the Conference were: the Father, John R. Ocker, and his counsel, Stephen O. Fugett, Esquire; the Mother, Annette E. Ocker, and her counsel, Carol J. Lindsay, Esquire. 3. The parents and counsel worked patien n agreement in the form of Order as attached was reached. 101.2-416 ..- Date elissa Peel Greevy, Esquire Custody Conciliator :284964 (yp -C Nj C> avU ZI r r ?? y yt. (`u JOHN R. OCKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANNETTE E. OCKER DEFENDANT 2006-5196 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 16, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 22, 2009 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. 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/ ohn . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /OrT 6 1 :1 !48 91 "1'30 600Z 5o- I/ ?-/ 'AN 2 8 20096 JOHN R. OCKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06-5196 CIVIL ACTION LAW ANNETTE E. OCKER, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT 1Ih AND NOW this day of January 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated November 2, 2006 shall remain in full force and effect with the following addition: a. Counseling: The parties are directed to engage in therapeutic family counseling (specifically focusing on co-parenting and communication issues between the parents) with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Franco and Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 2. A status conference is scheduled with the assigned conciliator on April 28, 2009 at 9:00 am at the Cumberland County Court of Common Pleas, Carlisle, PA 17013. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, ? ?A %, % ____ J. stribution: arol Lindsay, Esquire ,?radley Griffie, Esquire ?ohn J. Mangan, Esquire r ?tQS M.?1. lV,? ?? ? ?i•J ? ? ?'l i=sc? b?' s't'?' UL?? . , _-? r? _-z, ??." _... _ ?, r? ?,? JOHN R. OCKER, Plaintiff V. ANNETTE E. OCKER, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5196 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Nicole Ocker 12/15/2000 Mother and Father Alyssa Ocker 03/15/1995 Mother and Father 2. A Conciliation Conference was held with regard to this matter on January 22, 2009 with the following individuals in attendance: The Mother, Annette Ocker, with her counsel, Carol Lindsay, Esq. The Father, John Ocker, with his counsel, Bradley Griffie, Esq. 3. The parties agreed to the entry of an Order in the form as attached. -- //-,-) -;>/!?) 7 Z?1? "--? - r--- Da Jo J. gan, Esquire C stod Conciliator nHi 1 0 cuuy JOHN R. OCYr..ER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06-5196 CIVIL ACTION LAW ANNETTE E. OCKER, IN CUSTODY Defendant Prior Judge: L. Ebert, Jr., J. ORDER OF COURT A AND NOW this 1,0_ day of May 2009, upon consideration of the attached Custody Conciliation port, it is Ordered and Directed as follows: 1. The ' r Order of Court dated November 2, 2006 shall remain in full force and effect with the following addition: a. Custody evaluation: The parties shall engage in a custody evaluation in regard to this matter with a mutually agreed upon professional. Mother indicates that she is not necessarily in agreement that a custody evaluation is necessary, but that she is willing to p 'cipate in said evaluation. Father indicates that a custody evaluation would be beneficial. Father has agreed to, and shall, initially pay the fmancial burden of the ev uation but retains the right at a future date to request the Court to allocate the ev uation cost. 2. A statu conciliation conference shall be scheduled with the assigned conciliator at the request of eith party after the custody evaluation is completed. The parties shall contact the assigned conciliator directly to schedule said conference. 3. This O er is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, istribution: ?arol Lindsay, squire , radley Griffie Esquire ./John J. Mangar? Esquire CO t lES 3 I LE s/a.I of ri ll;k ?d l{f 1w?;`;b Nirlr _q C :8 WV 1 Z A vW 60oz w JOHN R. OC?ER, Plaintiff V.' ANNETTE E? OCKER, Defendant Prior Judge: Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5196 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN A 1915.3-8(b), 2. 3 Date i DRDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custodv of Nicole Ocker 12/15/2000 Mother and Father Alyssa Ocker 03/15/1995 Mother and Father A Conciliation Conference was held with regard to this matter on January 22, 2009, an Order issued January 29, 2009 and a conciliation conference was held May 12, 2009 with the following individuals in attendance: The Mother, Annette Ocker, with her counsel, Carol Lindsay, Esq. The Father, John Ocker, with his counsel, Bradley Griffie, Esq. parties agreed to the entry of an Order in the form as attached. John J. g E uire Custo Co ciliator JOHN R. OCKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW ANNETTE E. OCKER, NO. 06-5196 CIVIL TERM Defendant IN CUSTODY JUDGE M.L. EBERT, JR. PLAINTIFF'S ANSWER TO DEFENDANT'S APPLICATION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 1. Admitted. 2. Admitted. 3 Admitted . . ._? 4 Admitted . . N 5. Admitted. C1i 6. Admitted. - "' -P CO t f 7. Admitted. 8. Admitted. 9. Denied. It is denied that Mother's date selection complied with and is consistent with the plain language of the Order. It is averred, rather, that the language of the Order is quite clear that the non-consecutive week of summer vacation must "run from Saturday to Saturday". As such, Mother's suggestions in her request for vacation that she would have vacation from a Friday to the following Saturday is not in keeping with the specific and clear language of the Order. 10. Admitted in part and denied in part. It is admitted that Father's letter requesting vacation was dated October 7, 2011 or some ten weeks after Mother's request. It is denied that the timing of the vacation requests have anything to do with this matter as Mother failed to comply with the terms of the Order in making her vacation request. (a) It is admitted that Father requested a week of vacation beginning on Sunday, July 1, through Sunday, July 8. It is further averred that in recognition of the vacation beginning on Mother's weekend, Father noted in his request, "I would also like the week of July 1St to July 8. I understand that this week starts on your weekend, so I'll pick up the girls on Sunday evening, July 1St, at 6:00 p.m. and return them to you on Sunday, July 8 at 6:00 p.m." It is further averred that while Sunday, July 1St, is part of Mother's weekend, the routine physical custody schedule provides for the children to be returned to Father's custody at 3:00 p.m. on Sunday, July 1St, and, therefore, Father's request had no impact on Mother's weekend. It is further averred that since the vacation request ends on Sunday of Father's weekend, it, once again, would have no impact upon Mother's weekend. It is specifically denied that the children are to be with Mother on July 4th, 2012 as Mother's exhibit attached to her Petition clearly indicates that Mother will have the children on Independence Day from 6:00 p.m. in the evening before the holiday until 6:00 p.m. on the day of the holiday in ODD years [emphasis added]. It is further averred that the children will be with Father during the July 4th holiday of 2012 pursuant to the terms of the Order as to the best of Father's knowledge and understanding, 2012 is an even numbered year. It is further averred that Father simply withdrew this request for vacation when Mother objected because the request was not in strict compliance with the Order. (b) It is admitted that Father's second week of vacation started on his weekend, wherein Father acknowledged that he would have the children with him on his weekend of August 3, 2012 and that his vacation, which would run from Saturday, August 4, 2012, to Saturday, August 11, 2012, would, therefore, begin on his "ordinary custody weekend and run from Saturday to Saturday" specifically as the Order provides. It is further averred that, as Father noted in his statement as to the week in which he would take vacation in August, 2012, this was a week that Father takes vacation with the children every year for a standard, annually established vacation. 11. Admitted. It is admitted that when Mother objected that Father was not strictly complying to the terms of the Custody Order and that his week of vacation selected for Sunday, July 1, through Sunday, July 8, did not commence with Father's ordinary custodial weekend, Father withdrew that request. It is specifically averred that Father said "If you want to refuse me that week in July on the basis that it doesn't commence with my ordinary custodial weekend, that is fine and we will stick strictly to the Custody Order from now on. But remember I rearranged two full weeks of custody in early 2011 for you to have a vacation to Florida with the girls, essentially giving you three weeks vacation with them in 201 1." It is further averred that Father did, in fact, select and take vacation with the children from Saturday, June 9th (starting during his custodial weekend) to Saturday, June 16th 12. Admitted in part and denied in part. It is admitted that there have been numerous attempts between Father and Mother, individually and between counsel for Father and Mother, to resolve the conflict in the August vacation dates where Mother insists on beginning her vacation on a Friday, contrary to the specific language of the Court Order that says that the parties' vacation shall "run from Saturday to Saturday". It is further admitted that Father refuses to honor the dates that Mother demanded in that they fail to comply with the Order. 13. Denied. It is denied that Mother has incurred legal fees, costs and expenses as a result of Father's refusal to acknowledge that her dates "trump" his because she first provided notice, and his refusal to accept any of her proposals for resolution. It is averred, rather, that Mother has incurred legal fees, costs and expenses, because she insists on Father following the strict letter of the Custody Order, but she refuses to follow the specific and clear terms of the parties' Custody Order, demanding rather that Father comply with her demands as to when she wishes to have vacation, even though it fails to comply with the terms of the Order. It is further averred that Mother's action in filing her Application for Special Relief is nothing more than a waste of the parties' time and limited resources, such that Father, who has been obligated to retain counsel to represent him in this matter, should be reimbursed by Mother for his attorney's fees and costs associated with the defense of this matter. 14. Admitted. 15. Admitted. 16. Denied. It is denied that the Court has authority to enter an Order granting the relief requested in this matter in that the relief requested amounts to a request for modification of the prior Custody Order. It is averred that the request to have the Court impose upon Father terms the Mother demands for her vacation, that are not in compliance with the prior Order, amounts to a request for modification of the Order and, as such, the Court should either dismiss the action or refer the matter to a Conciliator to determine whether the Court's prior Order should be modified. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's "Application" and Defendant should be Ordered to compensate Plaintiff for his attorney's fees, costs and expenses. Respectfully submitted, Esquire or Paintiff MOM Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 falsification to authorities. DATE: 6 John R. cker JOHN R. OCKER, Plaintiff VS. ANNETTE E. OCKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5196 CIVIL TERM IN CUSTODY JUDGE M.L. EBERT, JR. CERTIFICATE OF SERVICE lot I, Bradley L. Griffie, Esquire hereby certify that I did, the a day of June, 2012, cause a copy of Plaintiff's Answer to Application for Special Relief to be served upon the Defendant, Annette E. Ocker, by serving her attorney of record by facsimile and first class mail, postage prepaid, at the following address: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 (Facsimile) 717-233-6862 DATE: a JOHN R. OCKER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANNETTE E. OCKER, DEFENDANT NO. 06-5196 CIVIL `-== IN RE: DEFENDANT'S APPLICATION FOR SPECIAL RELIE 3 w c --t mff z ORDER OF COURT -el' 0% q; a AND NOW, this 26th day of June, 2012, upon consideration of Mothe?; nige ; Ocker's Application for Special Relief and Father's Answer thereto, «.is IT IS HEREBY ORDERED AND DIRECTED that: 1. Mother's two uninterrupted weeks of summer vacation for 2012 shall be as follows: a. From Friday, 7/13/12 at 7:00 a.m. to Saturday, 7/21/12 at 6:00 p.m. b. From Saturday, 8/11/12 at 7:00 a.m. to Saturday, 8/18/12 at 6:00 p.m. 2. Father's remaining one week of uninterrupted summer vacation for 2012 shall be as follows: From Friday, 8/3/12 at 7:00 a.m. to Saturday, 8/11/12 at 7:00 a.m. IT IS FURTHER ORDERED AND DIRECTED that all other portions of this Court's Order dated November 3, 2006, shall remain in effect. M. L. Ebert, Jr., Bradley L. Griffie, Esquire Attorney for Plaintiff By the Court, ?Theresa Barrett Male, Esquire Attorney for Defendant bas Coy; eS Ma 141 hPI0// ), JOHN R. OCKER Plaintiff remit . n1113 JUN 19 AM 8: 1. CUMBERLAND COOP( PENNSYLVANlkTHE COURT OF COMMON PLEAS • CUMBERLAND COUNTY PENNSYLVANIA v. NO. 2006-5196 ANNETTE E. OCKER • • Defendant . CML ACTION - CUSTODY STIPULATION TO MODIFY CUSTODY ORDER AND NOW, this'11;1 day of Mar, 2014, Plaintiff John R. Ocker and Defendant Annette E. Ocker, parents of Alyssa Ocker (dob: 03/14/95) and Nicole Ocker (dob: 12/15/00), agree as follows: 1. Paragraph 3 of the Order dated November 3, 2006 is AMENDED as follows: Vacation. Each parent shall be entitled to two uninterrupted weeks of summer vacation, which shalt commence with their ordinary custodial weekend and run from Saturday to Saturday, beginning at 7:00 a.m. and ending at 6:00 p.m. the following Saturday. If the start of one parent's vacation week overlaps the other parent's vacation week, the custody exchange shall occur at 7:00 a.m. on the overlapping Saturday, and the vacation week shalt end at 6:00 p.m. on the following Saturday. The weeks shall be non-consecutive. The parties shaft provide each other with written notice of their intended vacation plans. In the event of a conflict in the vacation plan, the parent first providing written notice to the other shalt have choice of the vacation week. This provision shalt continue in full and effect until the end of the summer break from school in 2018. 2. Alt other provisions of the November 3, 2006 shalt remain in effect. IN WITNESS WHEREOF, the parties have set their hands and seats the day and year first written above. Witness Theresa Barrett Male, Esquire Annette E. Ocker PROOF OF SERVICE hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service first-class mail addressed as follows: Bradley L. Griffie, Esquire Griffie a Associates 200 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff SMIGEL, ANDERSON Et SACKS, LLP usan C. Appleby, Para eg 4431 North Front Street Harrisburg, Pennsylvania 17110-1778 (717) 234-2401 Attorneys for Defendant Date: June 19, 2014 0 , . 1 /1., JOHN R. OCKER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 2006-5196 ANNETTE E. OCKER • Defendant : CIVIL ACTION - CUSTODY IN RE: STIPULATION TO MODIFY CUSTODY ORDER ORDER OF COURT , 1 e 1 1 AND NOW, this . J Z. day of June, 2014, upon consideration of the attached Stipulation to Modify Custody Order, it is ORDERED and DIRECTED that: 1. Paragraph 3 of the Order dated November 3, 2006 is AMENDED as follows: Vacation. Each parent shall be entitled to two uninterrupted weeks of summer vacation, which shall commence with their ordinary custodial weekend and run from Saturday to Saturday, beginning at 7:00 a.m. and ending at 6:00 p.m. the following Saturday. If the start of one parent's vacation week overlaps the other parent's vacation week, the custody exchange shall occur at 7:00 a.m. on the overlapping Saturday, and the vacation week shall end at 6:00 p.m. on the following Saturday. The weeks shall be non-consecutive. The parties shall provide each other with written notice of their intended vacation plans. In the event of a conflict in the vacation plan, the parent first providing written notice to the other shall have choice of the vacation week. This provision shall continue in full and effect until the end of the summer break from school in 2018. 2. All other provisions of the November 3, 2006 shall remain in effect. BY THE COURT: M. L. Ebert, Jr. J. c ,r,•, , .,... -.0 a --t-- ----2 rri a) c- ---;-, - Distribution: •./ -adley L. Griffie, Esquire, Attorney for Plaintiff .r -<:'---- ' c----,c--, . ? heresa Barrett Male, Esquire, Attorney for Defendant r---- .4--C) -, >CD -7---• .2i I Qg /Y1- J'Lk_ ::- - I`PC47rte//51 , /?1