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HomeMy WebLinkAbout95-04761 FILm-OFFICE OF -, "', r'...'.."-.")T.'RY , I,,: ., ",. ". I'. gO .I!tiI ? J {,: : II: !i I, ['iJ' , .. ..' Of '~ri'Y .I li,l.l" l. ,-',".' ('.".',,)1. h:'t~f' ~~~\d .\i~' '!:\ .' ",;. .. " PATTI S. COOPER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . VB., . . . . LARRY TUBBS, Defendant : CIVIL ACTION - LAW : No. STIPULATION FOR, CUSTODY. AND NOW comes the plaintiff, PATTI S. COOPER, by her attorney, JAMES M. BACH, and files the within Stipulation for Custody. This Stipulation is in regard to the minor child, Rachael S. Cooper, born on September 10, 1992, and living at all times hereinbefore with her natural mother. 1, Primary physical custody shall at all times hereinafter be with the natural mother, PATTI S. COOPER. 2, The minor child, Rachael S. Cooper, was born out of wedlock and the natural father is LARRY TUBBS. Larry Tubbs does hereby acknowledge paternity of said child. 3, Father may, at his option, have visitation with his child every other sunday from 10.00 a.m. to 5.00 p.m. Father must advise mother not later than 6.00 p.m. the preceding Saturday of his intention to visit or not visit. 4, Father shall not be under the influence of alcohol or drink alcohol while with the child. 5, Father must take care of the child and not leave her with others. 6, Father must keep child clean, and feed her when necessary. Child is a diabetic and has special needs. Father must follow all instructions relative to food intake and medicine intake. 7, The periods of visitation as Bet forth herein may increase as the child gets older, by mutual consent of the parties. ~~l{d;4.. tnesB witness S. COOPER ~/cl 't:2I /\RRY TUBBS PATTI S. COOPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 95-4761 CIVIL TERM LARRY TUBBS / : Defendant/Petitioner: CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ~~(~ day of ,SI'P 1<-""k , 1996, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before, Oo..w" s. S"'...\... -} , the conciliator, at S"I w. 1"\....... st. 1"1 L'ch""i,~b"'J> on the S1~ day of octok,.. , 1996, at q:coll. .M., for a Pre- Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Either party may bring the child who is the subj ect of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: 0......71 d AI .--'-aL/J-t'~C'r Custody ~nciliato)lV' ~t9 f 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. By: Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 " . PATTI S. COOPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 95-4761 CIVIL TERM v. LARRY TUBBS, : Defendant/petitioner: CIVIL ACTION - LAW AND NOW, this PETITION TO MODIFY CUSTODY day of , 1996, comes the petitioner, Larry Tubbs, by and through his attorney, R. Mark Thomas, Esquire, and hereby brings this petition to modify the custody Order previously entered in this case for the following reasons: 1) petitioner is the father of the minor child, Rachel S. cooper, born september 10, 1992. 2) Respondent patti S. Cooper is the mother of the minor child, Rachel S. Cooper, born september 10, 1992. 3) The parties are not now nor have they ever been married. 4) pursuant to a stipulation for custody the court entered an Order awarding primary physical custody of the minor child to the mother on september 11, 1995. A copy of that Order and stipulation is attached hereto and marked Exhibit "A", 5) pursuant to the Order of september 11, 1995, Petitioner has had visitation with his daughter every other sunday for a period of approximatelY seven hours. 6) pursuant to paragraph eight of the Order of September 11, 1995 this period of visitation could be increased by mutual consent of the parties. . . . '. " . PATTI S. COOPER, : IN 'filE COURT OF COMMON PI.El\S Qt' Plaintiff . CUMnERI.l\ND COUNTY, PENNSYLVl\NIl\ . . . vs. : . . LARRY TUBBS, . CIVn. l\C'rION - 1.l\W . Defendant . No. . STIPULl\TION FOR CUSTOI>Y. AND attorney, custody. This Stipulation is in regard to tho minor ohlld, Hnuhnol S. Cooper, born on September 10, 1992, ono livinU at nll I:1moo hereinbefore with her natural mother. NOW cornea the plaintiff, 1'1\'1"1'1 a. COOl'lm, by hor JAMES M. Bl\CII, and filoo tho within sl:1plllal:lon for 1, primary physical custody shall at oil timon Ilorolnoftor be with the natural mothor, PlI'l"l'I S. COOl'EH. 2, The minor child, Rachael S. Coopor, wall born Ollt of wedlook and the natural father is Ll\HRY 'l'unIlS. I.arry 'I'ubllo doeo hereby acknowledge paternity of oaid child. , '3, Father may, at his option, have visitation with hiD ohilo every other sunday from 10.00 a.m. to 5.00 p.lII. I'ather must advise mother not later than 6.00 (l.I11. I:ho pl'ocedinCj Saturday of his intention to visit or not villll:. 4, Father shall not be undor tho influonco of alcohol or drink alcohol while with tho child. 5, Father must take care of tho child ond nut loavo hor with others. 6, Father must keep child clonn, nnd fOOl\ hor whon nocooaary. Child is a diabetic nnd haD olloolnl noollll. I-'uther IIIUSt follow all instructionll ro1.l1l:lvll to food Intoke Dnd medicine intake. 7, The periods of visitntion /In llot forth horoin as the child geta oldor, by IIIl1tlllll. oonllllnt of ~9.'rl~- S. lIlay increase the parties. ~6.A,f/?-rI,*~ tneas Witness >- C'I :.. a; c:: ',J 1---: ;t=.--f ,', ..-: IU. O. fF' . iO:: ..j:~ l.iJ ~. ';:.i ~r' ':Cj :l '':> - , :;-: ," CCU n. It,] F lu :.IJ.. v; " '" ,,' C tJ\ U " . .t .. .' . ., PATrI S. COOPER , . IN THE COURT OF COOMON PLEAS OF . plaintiff/Respondent . CUMBERLAND CXXJNTY, PENNSYLVANIA . . . vs. . NO. 95-4761 CIVIL TERM . . . LARRY TUBBS, : CIVIL ACTION - LAW Defendant/Petitioner . IN CUSTODY . QUlER OF CXXlR'l' AND tUft this--'2..-day of consideration of the attached Custody and directed as follows: ~ Conciliation Report, , 1996, upon it is ordered 1. The prior Order of this Court dated September 11, 1995, is vacated and replaced by this Order. 2. The Mother, Patti S. Cooper, and the Father, Larry Tubbs, shall have shared legal custody of Rachel S. Cooper, born Septerrber 10, 1992. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends, beginning October 19, 1996, from Saturday at 11:00 a.m. until Sunday at 4:00 p.m. After following this alternating weekend schedule for a period of three (3) months, the parties agree to cooperate in discussing further expansion of the Father's periods of partial custody to the fullest extent in the Child's best interest. 5. The Father shall attend all quarterly treatment sessiona concerning the Child's diabetic management and any other special treatment or training sessions necessary to effectively participate in the Child's care. 6. Each party shall notify the other inmediately of any medical emergencies involving the Child, including hospitalization, which occur during that party's period of custody. Each party shall also notify the other of any significant developnents which occur in connection with the Child's diabetic management during that party's period of custody. 7. The parties shall have custody of the Child over the Thanksgiving and Christmas holidays as follows in 1996: A. Thanksgiving. The Mother shall have custody of the Child on Thanksgiving Day in 1996. B. Christmas. In 1996, the Father ehall have custody of the - " v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4761 CIVIL TERM PATTI S. COOPER, Plaintiff/Respondent LARRY TUBBS, Defendant/Petitioner CIVIL ACTION - LAW PBTITION FOR CONCILIATION CONFERENCE AND NOW, comes the Defendant/Petitioner, I,arry Tubbs, by and through his attorney, R. Mark Thomas, Esquire, and moves this Court to schedule a new custody Conciliation Conference in this matter and in support thereof respectfully represents: 1. On September 24, 1996, your Petitioner filed a Petition to Modify Custody. 2. Pursuant to the Petition which was filed a CustOdy Conciliation Conference was scheduled to be held on october 8, 1996, before Dawn S. Sunday, Esquire, Custody Conciliator. 3. Pursuant to the conciliation Conference which was held on October 8, 1996, an Order of Court was entered on date of October 10, 1996 which set forth a three (3) month schedule of custOdy which was to be followed by an increase of the periods of partial custody to be enjoyed by the Petitioner provided the parties could agree on expanded periods of partial custody. 4. It has been more than three (3) months that the parties have followed the Order of October 10, 1996, and despite efforts of Petitioner to reach an amicable resolution with regard to expanding the periods of partial custody, such an agreement has not been obtainable. Petitioner believes and therefore avers that if a new .,. .. ;.. " ;:-.. ("J\ (' LJL ~ C,~t ' : ~ -,' 1'.- \':.i ' . ~,: _.~ ~) ~ . I ".1 u- > [j'" ~d J." /, :.~. 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",,:'.:-:'.: :0 ,~ ' i'l ',-lilt.,- ,,;. ;, ,. , :. :.':,l~ ',- :,dt'c . ".: ';:,:i;~(\~:i:t~~~~ , ",; ""!'="' :;'l: . ,~ ::a' :~:,t\ -,\' \ ~ "1','S. ';j~~:J'''':'l'~' ,';::;\. i"l'l' ':'~~';i~q~ .' , JlJi" '~"""'!'11' , ... "I:,' ,1l'~~' ";.,;,;" . . :.;.S-:'" I' . tla l.i~ ,- "I , "",,",,,,,,,;-,, 's", ':' . ,~;:!,'UiX!;J,f~t:l,!~t~~~~ f'''''' "'I:I,J,lhlllii...""." , f< ,'(~; .;:: '-':>~. #U';';;'i \.:':::c'-'t~:~~(~~~ 'i y -, :",;~ ~ c_f t ..l,r,'"l, ~ 'i'i'","-'i- . ~,':, " '''" ,~-~-;'''''::,~f;L~'l'..;~I'';, . ',<~.~: j':i'~;~- ,/}:~',:):l!;f'f~~~._~.1;{};\ , ")j:;~>x4~;~~~?;tG~~:}~~~~;~ 1,:;(.",.';., .,., .,; .' ""- ':'.:;1 : ",' !',j;' '..' \< f . ,'.-' ~., , " '.'" -.'-ri:.'.,' ;,' l' ." ) . . .' pV' MAR 1 7 1997. . "'<' " -, . PATrI S. OOOPER, Plaintiff/Respondent : . . IN THE corJRT OF COOMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 95-4761 CIVIL TERM LARRY TUBBS, CIVIL AcrION - LAW Defendant/Petitioner OODER OFaxJRT AND lOl, this l ~ day of upon consideration of the attached Custody ordered and directed as follows: ~g ,1997, Conc 1 at on Report, it is 1. The prior Order of this Court dated October 10, 1996, is vacated and replaced by this Order. 2. 'Ihe Mother, Patti S. Cooper, and the Father, Larry Tubbs, shall have shared legal custody of Rachel S. Cooper, born Septellber 10, 1992. 3. 'Ihe Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends beginning March 21, 1997, on Friday evening from 5:00 p.m. until 9:00 p.m. and from the following saturday at 7:30 a.m. until Sunday at 5:00 p.m. For purposes of this provision, the Father shall return the Child to the Mother's residence on Friday at 9:00 p.m. and shall pick up the Child from the Mother's residence on Saturday rrorning at 7:30 a.m. The Father shall also have custody of the Child during the foregoing time periods on the weekend of March 14, 1997. Return of the Child to the Mother's residence for the Friday overnight period shall continue on the Father's alternating weekends until such time as the Father obtains a qualified person to supervise and monitor the Child's diabetic condition during the Father's night shift at work. When the Father obtains such a qualified person to care for the Child or whenever .the Father or the Father's fiancee is present in the home overnight, the Father's period of weekend custody shall run continuously from Friday at 5:00 p.m. until the following Sunday at 5:00 p.m. 5. The Father shall also have partial physical custody of the Child every Wednesday evening from 5:30 p.m. until 8:30 p.m. The Mother's periods of vacation shall take precedence over the Father's periods of custody under this provision. However, the Father shall be entitled to make up a missed period of custody on another weekday evening. 6. The parties shall share or alternate custody of the Child on holidays as follows: A. christmas - The Christmas holiday shall be divided into segment A, which shall run from 7:30 a.m. until 9:00 p.m. on Christmas Eve and Segment D, which shall begin at 9:00 p.m. on Christmas Eve and end at 8:00 p.m. on Christmas Day. The Mother shall have custody of the Child during segment A in odd nurrbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. Easter, July 4th, Thanksgiving - The period of holiday custody on Easter and Thanksglving shall run from 7:15 a.m. until 5:00 p.m. on the day of the holiday and on July 4th shall run from 7:15 a.m. until 8:00 p.m. on the day of the holiday. The Father shall have custody of the Child on Easter in odd numbered years and on July 4th and Thanksgiving in even numbered years. The Mother shall have custody of the Child on Easter in even numbered years and on July 4th and Thanksgiving in odd numbered years. B. C. Memorial Day, Labor Day, Mother's and Father's Day - The period of holiday custody on Memorial Day, Labor Day, Mother's Day and Father's Day shall run from 7:15 a.m. until 5:00 p.m. on the day of the holiday. The Father shall have custody of the Child in every year on Memorial Day and Father's Day. The Mother shall have custody of the Child in every year on Labor Day and Mother's Day. 7. The Father shall have custody of the Child during the summer school vacation for two uninterrupted one week (7 day) periodS upon providing three weeks advance notice to the Mother. The Father's periods of custody under this provision shall begin on Sunday at 5:00 p.m, (on the Mother's weekend cuatody period) and end on the following Sunday at 5:00 p.m. at the conclusion of the Father's regular weekend period of custody. After the Child has attended Diabetes Camp (at 8 years of age), the parties shall cooperate in expanding the Father's periods of summer custody as consistent with the best interests of the Child. SchedUling of the Child's diabetes camp shall take precedence over all other summer custody arrangements. 8. Each party shall notify the other immediately of any medical emergencies involving the Child, including hospitalization, which occur during that party's period of custody. Each party shall also notify the other of any significant developments which occur in connection with the Child's diabetic management during that party's period of custody. 9. During his periods of partial custody, the Father shall be primarily responsible for the Child's diabetic management. 10. The Father shall continue to follow all medical instructions concerning the Child's diabetic management, inclUding requirements governing food intake and medication administration. 5. DefendantlPetitioner believes that Rachel's best interests will be served by making four specific revisions to the aforementioned Order: A. On alternating weekends, DefendantIPetitioner has partial physical custody of Rachel from Friday at 5:00 p,m. until Sunday at 5:00 p,m, DefendantlPetitioner seeks a modification of this provision to the extent that instead ofretuming Rachel to her mother on Sunday evening, she would remain with him until Monday afternoon, at which time he will deliver her to her kindergarten class. DefendantlPetitioner believes that this will serve Rachel's best interests in that it will afford her more time with her father, inasmuch as he does not work on Monday during the day and the cost of day care would be reduced for both parties, B. The current Order provides that DefendantlPetitioner has partial physical custody of Rachel every Wednesday evening from 5:30 p.m. until 8:30 p.m. DefendantlPetitioner seeks a modification of this provision to the extent that he would pick Rachel up at the conclusion of her school day, The return time would not be changed. C. At present, DefendantlPetitioner is responsible for all transportation for each exchange of physical custody. DefendantlPetitioner believes that it would be more equitable for the parties to equally share the transportation so that the party receiving custody would be responsible for transporting Rachel. More importantly, this would give Rachel and DefendantlPetitioner more time together. PATrI S. COOPER, plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-4761 CIVIL TERM LARRY TUBBS, Defendant/petitioner CIVIL ACTION - LAW IN CUSTODY ORDER OF CCXJRT AND NCM, this 10 consideration of the attached and directed as follows: day of (Q.r-~-..J ' 1996, upon custody ConCiliation Report, it is ordered 1. The prior Order of this Court dated September 11, 1995, is vacated and replaced by this Order. 2. The Mother, Patti S. Cooper, and the Father, Larry Tubbs, shall have shared legal custody of Rachel S. Cooper, born September 10J 1992. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends, beginning October 19, 1996, from Saturday at 11:00 a.m. until sunday at 4:00 p.m. After following this alternating weekend schedule for a period of three (3) months, the parties agree to cooperate in discussing further expansion of the Father's periods of partial custody to the fullest extent in the child's best interest. 5. The Father shall attend all quarterly treatment sessions concer.ning the Child's diabetic management and any other special treatment or training sessions necessary to effectively participate in the Child's care. 6. Each party shall notify the other ilTlT\ediately of any medical emergencies involving the Child, including hospitalization, which occur during that party I s period of custody. Each party shall also notify the other of any significant developments which occur in connection with the Child's diabetic management during that party's period of custody. 7. The parties shall have custody of the Child over the Thanksgiving and Christmas holidays as follows in 1996: A. Thanksgiving. The Mother shall have custody of the Child on Thanksgiving Day in 1996. B. Christmas. In 1996, the Father shall have custody of the Exhibit "An Child on Christmas Eve from 6:00 a,m. until 5:00 p.m. and on Christmas cay from 6:00 a.m. until 4:00 p.m. The Mother shall have custody of the Child from Christmas Eve at 5:00 p,m. until Christmas morning at 6:00 a.m. 6. During his periods of partial custody, the Father shall be responsible for care of the Child and, except in extraordinary circumstances, shall not leave her in the care of a third party. 9. The Father shall follow all medical instructions concerning the Child's diabetic management, including requirements governing food intake and medication administration. ., 10. scheduled custody. 11. The parties shall cooperate with each other in exchanging the Child's clothing for purposes of changes in custody. , ' The Father shall insure that the Child attends her regularly activities which occur during the Father's periods of partial 12. The Father shall neither consume nor be under the influence of alcohol during periods of partial custody with the Child. 13. If after following the custody schedule set forth in this order for a period of three (3) months, the parties are unable to reach an agreement as to expanded periods of partial custody for the Father or custody arrangements for holidays and surraner vacation, either party may petition the Court to have this matter relisted with the Conciliator for a second Conference. 14. 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 agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE COURT, (~I &lMu il~ , ~.vt~ Edgar BV Bayley, J. u cc: R. Mark Thomas, Esquire - counsel for Defendant/Petitioner James M. Bach, Esquire - Counsel for plaintiff/Respondent TRUE COpy FROM RECORD In Testimony wh-.rcof, I here unlo sel my hand and tho seal of said Court at Carll!le, Pa, This ,..I.t~~.... day of......c.P.,4;...,:" 19,9.~.. ......."..."..~~..:.~';~i~t~'~-. i? U) '- J' .;1 r,; j..: ~) LJ~t; :- ~C:'I ::.~ J..-l <r nf, " , 1 c.i C~, (,'I o~;. I , , u.j , , -- I" Ct.. j , i ( ~ j u: -:. LI" ..:,101. I: Vi I" O~ ~-5 0 (l'. " " , " U 0:'" 0__ .r N-ID W!!lO- a:: t:f'<\I II. 5 ~~~ Oaw~F: III III ;:l ~ 6 u .ffiUi~ ~~hl" O ""'offi.... U OQ.- ;l; III 0 0 < a:: ~~~ .J ~ ~H ~ 2~6 x- u ..SEP 1 0 199~\f') 5. Paragraphs 9 and 10 of the parties' Custody Order of March 18,1997, requlr I, , that Father assume responsibility for management of the minor child's abellc condlllon while she Is In his custody. Including following of all medical Instrucllons and the proper administration of medication. 6, Pelltloner's health Insurance plan through the Federal Government covers 100% of the minor child's medlcallon and treatment for her dlabellc condlllon. with no co- payment required. Pelllloner has therefore, In recent years, provided to Respondent during his periods of temporary physical custody, the LlfeScan Meter to measure the minor child's glucose levels, test strips, Insulin, lancets, and needles. 7, The minor child continues to be under the care and treatment of the Pediatric Diabetic Clinic of the Hershey Medical Center. Mrs. Glenda Hunter, RN. head nurse of the Pediatric Dlabellc Clinic. recommends to parents that they utilize the same glucose L1feScan Meter which has buill In memory funcllons and the same Insulin. Shs has confirmed this In recent years and most recently on August 25. 1998. 8. The glucose L1feScan Meter. which Pelltloner has In recent years been providing to Respondent during his periods of temporary physical custody. has a buill In memory function which allows Petitioner to examine the glucose levels monitored by Respondent while ths minor child Is In his custody. 9. Despite all of the above. the Respondent has decided to unilaterally stop using all materials. Including the glucose LlfeScan Meter provided by Petitioner. and has purchased his own medical equipment which Includes a glucose monitor which has no memory function, He has advised Petitioner In writing of these facts and additionally that he will request that Petitioner provide one-half (1/2) of the cost of all of the Items that he PA'rrI S. COOPER, . IN THE COURT OF COMMON PLEAS OF . plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 95-4761 CIVIL TERM , . CIVIL ACTION - LAW . LARRY TUBBS, . . Defendant/petitioner , IN CUSTODY . ORDER OF cxxro AND to'i, this ,) 3 AA day of 0..."'.",.....\_ ' 199B, upon consideration of the attached Custody conci1."iation "'Report, it is ordered and C:irected as follows: 1. A Hearing is scheduled in Courtr<J9ll1 No. .;l. , of the cumberland County Court House, on the ~S,t:J,. day of 'j:,A:;:,,!l:::!.. ' 199B, at I: '>, () o'clock, J:.m., at which time testimony in this case will be taken. At the Hearing, the Father, Larry Tubbs, shall be deemed to be the ITOving party and shall proceed initially with testimony. counsel for the parties shall file with the Court and opposing counsel a MelTOrandum setting forth each party's position on custody, a list of witnesses who will be called to testify at the Hearing, and a sl.llTlllClry of the anticipated testimony of each witness. These MelTOranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending Hearing or further order of Court, this Court's prior order dated l'.arch lB, 1997, shall continue in effect with the following additional provision: The Father shall have custody of the Child on Halloween trick-or-treat night in even numbered years from 5:30 p.m. until 8:30 p.m.. The Mother shall have custody of the Child on trick-or-treat night in odd numbered years. () BY THE COURT, J ~ I &/.4;:'- il3. 03-c>J..e<f- Edgar B. yley J. co: Charles Rector, Esquire - counsel for Mother paul J. Esposito, Esquire - counsel for Father TitUE COpy Fr.0M RECORD I" - "., -" \' II'" 'f ,., ',' ,..'n ..tiny hand .1, I... 'I ,I."'" ,. .0,11'.,1;).. 1I u~lJII',,: ~-~:::: \)r ~:;,d (~'.h': of CJrlis!(;, Pa, rhls ,;(,:j,~. dJY or ..~,:., 19,,~.~. ..."""~!::t.~:,,,.t:;~~~'~"'''''''''I' PATTI s. COOPER, Plaintiff/Respondent IN THE COURT Or' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSi'L VANIA vs. NO. 95-4761 CIVIL TERM LARRY TUBBS, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY COOCILIATIOO SllMMARi' REPORT IN ACCORDANCE WITH CUMBERLI\ND COUNTY RULE OF CIVIL pROCEDURE 1915.3-8, the undersigned custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: ~ DATE OF BIRTII CURRENrLY IN cusrooy OF Rachel F. Cooper september 10, 1992 plaintiff/Mother 2. A Conciliation Conference was held in this matter on January 15, 1998, with the following individuals in attendance: The Mother, patti S. Cooper, with her counsel, Charles Rector, Esquire, and the Father, Larry Tubbs, with his counsel, Paul J. Esposito, Esquire. 3. This Court previously entered Orders in this matter on October 10, 1996 and March 18, 1997, both of which were based upon agreements of the parties at Custody Conciliation Conferences. The Father filed this Petition seeking shared transportation for exchanges of custody and minor extensions of his periods of partial custody. There was a great deal of hostility between the parties at the Conference and the parties had difficulty communicating with each other in such a way as to focus on the Child's best interest. This is a serious problem as the Child is diabetic which requires special cooperation between the parties. It will be necessary to schedule a Hearing in this matter. 4. The Father's position on custody is as follows: The Father proposed to add an additional overnight period to his alternating weekend custody schedule as well as an additional one and one-half hour period to his Wednesday evening period of custody with the child, as the r'ather is off work during those times. The Father also sought equally shared transportation and an opportunity to take the Child trick-or-treating in alternating years. The Father wants to spend m:lre time lIith the Child and believes he has been doing a good job in maintaining the Child I s diabetic care. The Father feels that the Mother I s concerns regarding the child I s blood sugar levels and allergies are unfounded, but was willing to make a special appointment with the Child I s physician to discuss the Child I s PA'l'rI S. OXlPER / . IN THB COURT or COMMON PLEAS or . plaintiff/Respondent , CUMBERLAND COUNTY, PBNNSYLVANIA . . , vs. NO. 95-4761 CIVIL TBRM : LARRY TUBBS, CIVIL AcrION - LAW Defendant/Petitioner . . ORDER or CXXJRT " AND tm, this J S day of upon consideration of the attached Custody ordered and directed as follows: "'"rI\ a.....cfi- ' , 1997, Conciliation Report/ it is 1. The prior Order of this Court dated October 10, 1996, is vacated and replaced by this Order. 2. The Mother, Patti S, cooper, and the rather/ Larry Tubbs, shall have shared legal custody of Rachel S. Cooper, born September 10/ 1992. 3. The Mother shall have primary physical cust~y of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends beginning March 21, 1997, on Friday evening from 5:00 p.m. until 9:00 p.m. and. from the following Saturday at 7:30 a.m. until Sunday at 5:00 p.m. ror purposes of this provision, the Father shall return the Child to the Mother's residence on Friday at 9:00 p.m. and shall pick up the Child from the Mother's residence on Saturday rrorning at 7:30 a.m. The Father shall also have custody of the Child during the foregoing time periods on the weekend of March 14/ 1997. Return of the Child to the Mother's residence for the Friday overnight period shall continue on the rather's alternating weekends until such time as the Father obtains a qualified person to supervise and monitor the Child's diabetic condition during the Father's night shift at work. When the Father obtains such a qualified person to care for the Child or whenever the rather or the Father's fiancee is present in the home overnight, the Father's period of weekend custody shall run continuously from Friday at 5:00 p.m. until the following sunday at 5:00 p.m. 5. The rather shall also have partial physical custody of the Child every Wednesday evening from 5:30 p.m. until 8:30 p.m. The Mother's periods of vacation shall take precedence over the Father's periods of custody under this p:-ovision. However/ the Father shall be entitled to make up a missed period of custody on another weekday evening. 6. 'l'he parties shall share 0:- altemate cust05J' of the Child on holidays as follows: .-' ~ ..... A. Christmas _ The christmas holiday shall be divided into segment A, which shall run from 7:30 a.m. until 9:00 p.m. on Christmas Eve and Segment B, which shall begin at 9:00 p.m. on Christmas Eve and end at 8:00 p.m. on Christmas Day. The Mother shall have custody of the Child during segment A in odd numbered years and during segment B in even numbered years. The Father shall have custody of the Child during segment A in even numbered years and during segment B in odd numbered years. B. Easter, July 4th, Thanksgiving - The period of holiday custody on Easter and Thanksgiving shall run from 7:15 a.m. until 5:00 p.m. on the day of the holiday and on July 4th shall run from 7:15 a.m. until 8:00 p.m. on the day of the holiday. The Father shall have custody of the Child on Easter in odd numbered years and on July 4th and Thanksgiving in even numbered years. The Mother shall have custody of the Child on Easter in even numbered years and on July 4th and Thanksgiving in odd numbered years. C. Memorial Da , Labor Da , Mother's and Father's Da - The period of holiday custody on Memorial Day, Labor Day, Mother's Day and Father's Day shall run from 7:15 a.m. until 5:00 p.m, on the day of the holiday. The Father shall have custody of the Child in every year on Memorial Day and Father's Day. The Mother shall have custody of the Child in every year on Labor Day and Mother I s Day. 7. The Father shall have custody of the Child during the summer school vacation for two uninterrupted one week (7 day) periods upon providing three weeks advance notice to the Mother. The Father's periods of custody under this provision shall begin on Sunday at 5:00 p.m. (on the Mother's weekend custody period) and end on the following sunday at 5:00 p.m. at the conclusion of the Father's regular weekend period of custody. After the Child has attended Diabetes Camp (at 8 years of age), the parties shall cooperate in expending the Father's periods of surr:ner custody as consistent with the best interests of the Child. scheduling of the Child's diabetes camp shall take precedence over all other surr:ner custody arrangements. , , I \, ! ii " i i I i I I \ \ \ 8. Each party shall notify the other irranediately of any medical emergencies involving the Child, including hospitalization, which occur during that party I s period of custody. Each party shall also notify the other of any significant developments which occur in connection with the Child's diabetic management during that party's period of custody. 9. During his periods of partial custody, the Father shall be primarilY responsible for the Child's diabetic management. 10. The Father shall continue to follow all medical concerning the Child's diabetic management, includin;J governing food intake and madication administration. instructions requiremonts , ~ lJ-Ajld ~ to..lc W . ,lJW.. ~~:itk ~ lavv<j-+,. U\;~) ) .' ~ ($,k ~4 ~~ () ~.~~. , ,-\1~ ' ~'l ~ '.=I. i;e~',Q~ --\0 ~ ,u..s-e.~ ,we-tl -\-h,.L'S' ~1ev. :C~-21'OL? .,.,. 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'. ~ . ~ t .' t 1lLrw ~\\M.~ ~Jj. ~ V--~ /" r---~ ", ~0 S 0 l\l:'-u)~'-I\.- ~~~L.o ~fct-~ 'l,,-,~ c\J) /'tU--\' lLl.U- ~~__ , l,-,,"-t.. \\Q..LVL G\J.A.- G~ ~ ~ *6 :J.&;L.~ 1.~"o..""0\- -to ~,,~ ~~n.V\__ b"u'-t ~ o ..QS, J\..~tr\A~ '~ v'~.......... -D-o 0\- c1~'\' -A- yo 5L~ \oCul. DL'-'~ \.6" ~'A ~, /l~U~CJ' er6 or: L\~ ~~ ~. cr::::~' ~~ ---. . aJ..DD ~"- \.p-Q.. b~ OV\.. W-o '~.vc. -'2.Jt.. ~~4,,--, ~ s l~ 'J~,- f'wa 'j(~~, /l hQ.\l1.. . ~ ,'Y\ ~ :k-" . ~ ~v.."'<>-'1 -' er.u.'i... . . PA'I'l'I S. CXlOPER , . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 95-4761 CIVIL TERM . . CIVIL ACTION - LAI~ . LARRY TUBBS, : Defendant : IN CUSTODY OODER OF CXXlRT AND ~,this --:2.~ day o~ J7 ~ consideration of the attached Custody Conciliat on Report, and directed as follows: , 1998, upon it is ordered 1. The prior orders of this COurt dated April 15, 1998, January 23, 1998 and March 18, 1997 shall remain in full force and effect. 2. Based upon the agreement of the parties at the october 20, 1998 Custody COnciliation Conference, the Mother's Petition for Contempt is dismissed. Edgar B. J. cc: Charles Rector, Esquire - Counsel for Mother Paul J. Esposito, Esquire - COunsel for Father ('.~n->";"J.J., 1(J/~3ItjJ. -I) .& .6'. ~ , PA'I'l'I S. CXlOPER , . IN 'l.'HE COURT OF <XlMMON PLEAS OF . plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . vs. NO. 95-4761 CIVIL TERM LARRY TUBBS, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRloo JUOGB: Edgar B. Bayley CUSI<DY CXH:ILlATION SlHV\RY REPCm' m AC(XlUll\OCB WITH ClI'IBERLl\ND cx:unY RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: ~ DATE OF BIRTH CllRRfNrLY m CUS'lOOY OF Rachel F. Cooper September 10, 1992 Mother 2. A conciliation COnference was held on october 20, 1998, with the following individuals in attendance: The Mother, Patti S. Cooper, with her counsel, Charles Rector, Esquire and the Father, Larry Tubbs, with his counsel, Paul J. Esposito, Esquire. 3. As represented by counsel, the parties agreed to entry of an order in the form as attached. Oc.-IvbfA dO, /99f Date IQU/I~~ Dawn S. sunday, Esquire custody conciliator - " .. the order as an individual who may transport Rachael on those occasions when Defendant/Petitioner is unable to do so. B. Defendant/Petitioner should be given first priority for addlUonal periods of partial physical custody of Rachael when he is available and Plaintiff/Respondent is not, as opposed to having Rachael be with a child care provider. C. Plaintiff/Respondent should be responsible for transporting Rachael at the conclusion of each period of Defendant/Petitioner's partial physical custody. D. Plaintiff/Respondent has not adhered to that portion of paragraph 5 of the order of this Court dated March 18, 1997, which remalns in full force and effect in that she has not afforded Defendant/Petitioner make-up evenings of partial physical custody on at least two occasions. Defendant/Petitioner wishes to have two make-up periods of partial physical custody and the assurance that he \vill have such make-up times in the future. 6. The parties. through their counsel, have endeavored at length to resolve these issues by agreement, however, they have been unable to do so. 7. Defendant/Petitioner believes and therefore avers that the foregoing suggested modifications \vill serve Rachae1's best interests. WHEREFORE, Defendant/Petitioner respectfully requests that this .. " PA'I'l'I S. CXlOPER , . IN THE COURT OF ~ PLEAS OF . Plaintiff : CUMBERLAND CCXlN'l'Y, PENNSYLVANIA . . vs. . NO. 95-4761 CIVIL TERM . . CIVIL ACTION - LAW . LARRY TUBBS, . . Defendant . IN CUSTODY . OODER OF <XXlRT AND~, this ~8" day of ro~U", , 1998, upon consideration of the attached Custody concilfation Report, it is ordered and directed as follows: 1. The prior orders of this court dated April 15, 1998, January 23, 1998 and March 18, 1997 shall remain in full force and effect. 2. Based upon the agreement of the parties at the OCtober 20, 1998 CUstody Conciliation Conference, the Mother's Petition for Contempt is dismissed. BY THE COURT, I~I f'AlI-t\.... 73. "il"lA.jJ::t. EdgarB~i1BaY1ey, ~O"cr J. cc: Charles Rector, Esquir~ - Counsel for Mother Paul J. Esposito, Esquire - counsel for Father T"":~''':' .-..... "".' :-~....\, \ ....':='rl"RD if .\ -. " c' I , .'; :.'! ~1'1 hand " . '. -iA.. .:f ~jr!IS'it, PJ. fill. Ol 8 d~i' of (]2d..." t9....frf.' ..""...........-J.A...~~.e ..,..4,e~ :,....~"....... 0(1' . Prolhonorary Exhibit -A- .,' .' . . PA'I'l'I S.' CXlOPER, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND CCXlN'l'Y, PENNSYLVANIA . . . vs. . NO. 95-4761 CIVIL TERM . : LARRY TUBBS, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRloo JUOGB: Edgar B. Bayley ='!\.OY CXH:ILIATION SlJoIMI\RY REPCm' m AClXIUlANCE WITB ClJ1BERLAND cxnmc RULE OF CIVIL ~ 1915.3-8, the undersigned custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: ~ Rachel F. cooper DATE OF BIRTIl september 10, 1992 Cll11RENTLY m cu:;'!OOY OF Mother 2. A conciliation COnference was held on october 20, 1998, with the following individuals in attendance: The Mother, patti S. cooper, with her counsel, Charles Rector, Esquire and the Father, Larry TUbbs, with his counsel, Paul J. Esposito, Esquire. 3. As represented by counsel, the parties agreed to entry of an order in the form as attached. Or.AJ1xA ;J.O, /C;9f Date ' i::~ Dawn S. S~~ custody conciliator . .' on Easter and Thanksgiving shall run from 7:15 a.m. until 5:00 p.m. on the day of the holiday and on July 4th shall run from 7:15 a.m. until 8:00 p.m. on the day of the holiday. The Father shall have custody of the child on Easter in odd numbered years and on July 4th and Thanksgiving in even numbered years. The Mother shall have custody of the Child on Easter in even numbered years and on July 4th and Thanksgiving in odd numbered years. C. HEMCJUAL DAY, LABOO. DAY, HOl'fIER'S AND FATlIER'S DAY: The period of holiday custody on Memorial Day, Labor Day, Mother's Day and Father's Day shall run from 7:15 a.m. until 5:00 p.m. on the day of the holiday. The Father shall have custody of the Child in every year on Memorial Day and Father's Day. The Mother shall have custody of the Child in every year on Labor Day and Mother's Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The Father shall have custody of the Child during the summer school vacation for two uninterrupted one week (7 day) periods upon providing three weeks advance notice to the Mother. The Father's periods of custody under this provision shall begin on sunday at 5:00 p.m. (on the Mother's weekend custody period) and end on the following sunday at 5:00 p.m. at the conclusion of the Father's regular weekend period of custody. After the Child has attended Diabetes Camp (at 8 years of age), the parties shall cooperate in expanding the Father's periods of summer custody as consistent with the best interests of the child. scheduling of the Child'S diabetes camp shall take precedence over all other summer custody arrangements. The Father shall not schedule his vacation periods of custody under this provision at a time when the Child has cheer1eading. 8. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception of the Father's Wednesday periods of custody for which the Father shall provide all transportation. The parties shall make a reasonable effort to be personally present for exchanges of' custody. However, in exigent circumstances, the parties may have another responsible adult who is familiar to the Child provide the transportation on his or her behalf. 9. Each party shall notify the other irrrnediate1y of any medical emergencies involving the Child, inclUding hospitalization, which occur during that party's period of custody. Each party shall also notify the other of any significant developments which occur in connection with the Child's diabetic management during that party's period of custody. 10. During his periods of partial custody, the Father shall be primarily responsible for the Child's diabetic management. 11. The Father shall continue to follow all medical concerning the Child's diabetic management, including governing food intake and medication administration. instructions requirements PA'I'l'I S. CXlOPER , . IN THE COURT OF COMMON PLEAS OF . plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 95-4761 CIVIL TERM . . . LARRY TUBBS, . CIVIL ACTION - LAW . Defendant/petitioner . IN CUSTODY . PRIoo JUOGB: Edgar 8. Bayley CUS'lOOY CXH:ILlATION 5lI!MARY REPCRr m ACXXlUlANCE WITH ClJoIBERLAND CXXlN'fi RULE OF CIVIL J?R()CEIXlRE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: ~ DATE OF BIRTH CtlRRalTLy IN CUS'lOOY OF Rachel S. Cooper september 10, 1992 Mother 2. A conciliation COnference was held on october 28, 1999, with the following individuals in attendance: The Mother, patti S. Cooper, with her counsel, Charles Rector, Esquire, and the Father, Larry Tubbs, with his counsel, Paul J. Esposito, Esquire. 3. The parties agreed to entry of an order in the form as attached. IU,~&A Date /,/777 . Da~d1:~ custody conciliator I'A'ITI S, COOPHIl Pl.AINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. 95-4761 CIVIl. ACTION I.AW LARRY TUlIIIS DEFENDANT IN CUSTODY OIwtm OF COllllT AND NOW. Wednesday, Mar. 1 I, 2005 .upon considerlltionofthe lI11nehed COOlplllinl, it is hereby dirccted 11mt purties nnd thcir respeclive counselnppear bcfore Dawn S. Sunday, Esq. . the conciliator. nt 39 West Main Slreel. Mechanlcsburg. PA 17055 on Tuesdav, May 31, 2005 at 1:00 PM for a Pre.llearing Custody Conti:rence. At such conli:rence, nn effort will be Olnde 10 resolve the issues in dispUle; or iflhis cnnnol be nccomplished. 10 deline nnd narroW the issues to be hemd by Ihe courl. and to enter into n leOlpOrnr)' order, All children aile live or older may nlso bc present U\ the conli:rence, Fnilure to appenr nlthe conli:rence may provide grounds for entry of a tcmpornry or pennanent order, The eourl hereh)' dlrecls Ihe pnrllcs 10 furlllsh UII)' und nil exlslllll: I'roleelloll frol\1 Abuse orders, Speclnl Hellef orders,nlld Cuslod" orders 10 Ihe conclllnlor -18 hours prior 10 scheduled henrln\!. FOil TIlE COUIlT. By: .J!!!-.- DlIIvn S. SundllJ'J Esq. jY Cuslody COlleilintor The Court ofC0l11111011 Plens ofCUl11berllllld Coullty is required by IlIw to cOl11pl)' with Ihe A11lericnns with Disnbilites Acl of 1990, For infonlll11ion nboutnceessible litdlilics nnd rensonllble nceonll11odntions uvuilnble to disnbled individunls huvinll business before the court, pleuse eontnctour oflice. AlIurrungements l11ust be mnde ntlensl 72 hours prior tonny hearing or business hetllre Ihe court. You muslnllend the scheduled conti:rence or heuring, YOU SIIOUl.D TAKE TillS PAPER TO YOUR ATroRNEY AT ONCE, IF YOU DO NOT IIA VI' AN ATTORNEY Oil CANNOT AFFORD ONE. GO TO OR TELEPHONE TIlE OFFICE SET FOIlTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELI', Cumherlllnd Counly Bnr Assodnlion n South Bedford Street Cnrlisle. Pennsylvnnin 171113 Telephone (7171 ~4l).31 r.r. PATTI S. COOPER, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4761 CIVIL ACTION - LAW IN CUSTODY LARRY TUBBS, Defendant/Respondent PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes the Petitioner, Patti S. Cooper, by and through her attorney, Charles Rector, Esquire, and files a Petition to Modify Order of Custody, and support thereof, avers the following: 1. Petitioner Is Patti S. Cooper, Mother, who currently resides at 205 N. Locust Point Road, Mechanlcsburg, Cumberland County, Pennsylvania. 2. Respondent Is Larry Tubbs, Father, who currently resides at 162 E. Louther Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania. 3. The parties hereto are the f.larents of the minor child Rachel S, Cooper, born September 10, 1992. 4. On November 4, 1999, the Honorable Edgar B. Bayley entered an Order of Court consistent with the agreement reached by the parties at their Custody Conciliation before Dawn S. Sunday, Esquire, which Order granted Mother primary physical custody of the minor child with periods of temporary physical custody to Father on alternating weekends, alternating holidays, etc. (see Exhibit "A" attached), PA'I'l'I S. CXlOPER, . IN THE COURT OF CClMMOO PLEAS OF . plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 95-4761 CIVIL TERM . : LARRY TUBBS, . CIVIL ACTION - LAW . Defendant/Petitioner . IN CUSTODY . AND~, this 4 ih consideration of the attached ~,d directed as follows: OODER OF CXXlRT day of ~ftffihe R Custody Conc 1 at on Report, , 1999, upon it is ordered 1. The prior orders of this COurt dated october 28, 1998, April 15, 1998, January 23, 1998 and March 18, 1997 are vacated and replaced with this order. 2. The Mother, Patti S. Cooper, and the Father, Larry Tubbs, shall have shared legal custody of Rachel S. cooper, born September 10, 1992. 3. The Mother shall have primary tflysica1 custody of the Child. 4. The Father shall. have partial physical custody of the Child on alternating weekends fran Friday at 5:00 p.m. until Sunday at 5:00 p.m. The Father shall also have partial physical custody of the Child every Wednesday fran 3:30 p.m. (when the Father shall pick up the Child at the school latchkey program or other childcare provider) until 8:30 p.m. The Mother's periods of vacation shall take precedence over the Father's periods of custody on Wednesdays. However, the Father shall be entitled to make-up a missed period of Wednesday custody on another weekday evening. 5. The parties shall cooperate in arranging a make-up 1 day (fran 8:00 a.m. until 5:00 p.m.) period of custody for the Father during the summer school break in 2000. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. CIIRIS'nlAS: The Christmas holiday shall be divided into Segment A, which shall run fran 7:30 a.m. until 9:00 p.m. on Christmas Eve and Segment B, which shall begin at 9:00 p.m. on Christmas Eve and end at 8:00 p.m. on Christmas Day. The Mother shall have custody of the Child during Segment A in odd numbered years and during segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during segment B in odd numbered Years. B. EASTER, JULY 4th, TIIANKSGIVING: The period of holida EXHIBIT I~ on Easter and Thllnkogivin'.l oha11 run from 7115 lI.m. until 5:00 p.m. on the day of the holiday ond on July 4th ohall run from 7115 a.m. until 8100 p.m. on tho day of the holiday. The Father ohall hovo cuotody of the Child on Easter in odd nurrtlerod yoara IInd on July 4th ond 1hllnksgiving in even numberod yoars. The Mother IIhllll havo cuotody of the Child on Eaoter in oven nurrlJorod yeara ond on July 4th II1ld Thanksgiving in odd numbered yellrs. C. ~~ OIlY, LAIDI IlIIY, HC71'll/!II'S J\ND FATIIER'S DAY: The period of holiday custody on Memorial ~y, Lllbor Day, Mother's Day and Father's Day shll11 run from 7:15 lI.m. until 5:00 p.m. on the day of the ho1idllY, Tho Father shall have custody of the Child in overy yellr on Memorial Day and Father's Day. The Mother shall have custody of the Child in every year on Labor Day and Mother's Day. D. The holiday cllstody schedule shall supersede and take precedence over the regular custody schedule. 7. The Father shall have custody of the Child during the sunmer school vacation for two uninterrupted one week (7 day) periodS upon providing three weeks edvance notice to the Mother. The Father's periods of custody under this proviaion shall begin on Sunday at 5:00 p.m. (on the Mother's weekend cuatody period) and ond on the following Sunday at 5:00 p.m. at the conclusion of the Father's regular weekend period of custody. After the Child has attended Diabetos Camp (at 8 years of age), the parties shall cooperate in expanding the Fllthor' s periods of summer custody as consistent with the best interesta of the child. Scheduling of the child's diabetes camp shall take precedence over all other summer custody arrangements, '1110 Fathor shall not schedule his vacation periods of custody under this provision at a time when the Child has cheer1eading. 8. The party roceiving custody of the Child shsll be responsible to provide transportation for the exchange of custody, with the exception of the Father's Wodnesday periods of custody for which the Father shall provide all transportation. 'llie parties shall make a reasonable effort to be personally present for oxchanges of custody. However, in exigent circumstances, the parties may have another responsible sdu1t who is familiar to the Child provide the trsnsportation on his or her behalf. 9. ElIch party shall notify the other irrmediate1y of any medical emergencies involving the Child, including hospitalization, which occur during that party's period of custody. Each party shall also notify the other of any significant dovelo(Xnents which occur in connection with the Child's diabetic management during that party's period of custody. 10. During his periodo of partial custody, the Father shall be primarily reDponsible Cor tho Child IS diabetic management. 11. 111a I'nthllr /lhall continue to follow all medical concerning the Child's diabetic management, including governil)(J Cood intake and modication administration. instructions requirements ~~ ~.....:,-- " -2' q >, .0 b- IT' ~ :<t. ~ \-- .. -., c'1 t') :.)..-r. ~ 1I.1.... l_)d ::to t;,H:) :::: 1:1~ B \'__0' ~ () c/: l.\,:..J .....g 0 t,D 'r () - @g: I .,,' ,./i -. ,-.' -L!oj :- ,;'" ~-' . i 0: '1.; .oct: !i l,t] tQ ~ F ::c ~:.) ::... \5 .,r> -., n:: c> :-.l = u .". ..... , , i!- t- E:; ..:l' ~ <- -J . i'jH - .'1::'-. C:J - o. ._ ,- , IF-,; ~ .. :-~. C"~- .j ~.:i ifi! C) , - fi\ u. N '1 ~~! ~- -- .,. \" ,',,:j c:~ .a: - ~.li'~ .... :.-~ U"> u. = :,:) 0 = (,) ,.... ~1() s, ei: (j\ ?i If) .... ., ,-~ - ~)..t. 'tl% - . ) ~_.. ~ (...~ - '- ff~ ~~~)~ .. %~ \D ;; (il - ...\.'7' ~i % ..r'y ~n:n ~ \!~[t: .,g > ~ "",; = i.) ,.... () ,~\.:""1 \0 flQjJl \~ ~ G v\\~( ~o -thIs Lo.~ fY\ty 4, J@ f'J 0\ 'Sr_p,0r.(Lr).. 01;l\t lA n<:. D. cont 0. (,::, ro 1;(""" 0-("-.. /1[('( ~, jiJOtJ Son(;QC'\ PATTI S. COOPER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-4761 LARRY TUBBS, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes the Petitioner, Patti S. Cooper, by and through her attorney, Charles Rector, Esquire, and files a Petition to Modify Order of Custody, and support thereof, avers the following: 1. Petitioner is Patti S. Cooper, Mother, who currently resides at 205 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Larry Tubbs, Father, who currently resides at 162 E. Louther Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of the minor child Rachel S. Cooper, born September 10, 1992. 4. On November 4, 1999, the Honorable Edgar B. Bayley entered an Order of Court consistent with the agreement reached by the parties at their Custody Conciliation before Dawn S. Sunday, Esquire, which Order granted Mother primary physical custody of the minor child with periods of temporary physical custody to Father on alternating weekends, alternating holidays, etc. (see Exhibit "AU attached). 5. Petitioner believes and therefore avers that Respondent has separated from his wife and has resided alone in an apartment in Carlisle for approximately six (6) months. 6. Petitioner further believes and therefore avers that the conditions inside the apartment are sufficiently unsanitary to have caused the minor child to contract pin worms, which condition was diagnosed on April 28, 2005, and requires medical treatment by a physician. 7. The minor child, while in the custody of her father, does not have her own sleeping arrangements and Petitioner believes and therefore avers that mattresses are placed on the floor of the small apartment during father's weekends of temporary physical custody. 8. The pin worm condition that the minor child is currently suffering from can be caused by unsanitary bedding and is highly contagious. WHEREFORE, Petitioner respectfully requests that your Honorable Court suspend alternating periods of temporary physical custody pending a Conciliation of this matter and further pending improvement of the living conditions of the minor child while in the custody of Respondent. Respectful d: ---- Date: 1 / ~ S '-t'( 0 j' I verify that the statements made herein 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. r~.j~ Patti S. Cooper Date: 5' Y I 0 S' PA'ITI S. CX::OPER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 95-4761 CIVIL TERM : Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY LARRY TUBBS, AND tOi, this 4 :I:b consideration of the attached and directed as follows: aIDER OF CXXlRT ~Yem6el<. Conciliation Report, day of Custody , 1999, upon it is ordered 1. The prior Orders of this Court dated October 28, 1998, April 15, 1998, January 23, 1998 and March 18, 1997 are vacated and replaced with this Order. 2. The Mother, Patti S. Cooper, and the Father, Larry Tubbs, shall have shared legal custody of Rachel S. Cooper, born September 10, 1992. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. The Father shall also have partial physical custody of the Child every Wednesday from 3:30 p.m. (when the Father shall pick up the Child at the school latchkey program or other childcare provider) until 8:30 p.m. The Mother's periods of vacation shall take precedence over the Father's periods of custody on Wednesdays. However, the Father shall be entitled to make-up a missed period of Wednesday custody on another weekday evening. 5. The parties shall cooperate in arranging a make-up 1 day (from 8:00 a.m. until 5:00 p.m.) period of custody for the Father during the summer school break in 2000. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from 7:30 a.m. until 9:00 p.m. on Christmas Eve and Segment B, which shall begin at 9:00 p.m. on Christmas Eve and end at 8:00 p.m. on Christmas Day. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. EASTER, JULY 4th, THANKSGIVING: The period of holida EXHIBIT J~ on Easter and Thanksgiving shall run from 7:15 a.m. until 5:00 p.m. on the day of the holiday and on July 4th shall run from 7:15 a.m. until 8:00 p.m. on the day of the holiday. The Father shall have custody of the Child on Easter in odd numbered years and on July 4th and Thanksgiving in even numbered years. The Mother shall have custody of the Child on Easter in even numbered years and on July 4th and Thanksgiving in odd numbered years. C. MEMCiUAL DAY, LABOR DAY, MOl'HER'S AND FATHER'S DAY: The period of holiday custody on Memorial Day, Labor Day, Mother's Day and Father's Day shall run from 7:15 a.m. until 5:00 p.m. on the day of the holiday. The Father shall have custody of the Child in every year on Memorial Day and Father's Day. The Mother shall have custody of the Child in every year on Labor Day and Mother's Day. D. The holiday cllstody schedule shall supersede and take precedence over the regular custody schedule. 8. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception of the Father's Wednesday periods of custody for which the Father shall provide all transportation. The parties shall make a reasonable effort to be personally present for exchanges of custody. However, in exigent circumstances, the parties may have another responsible adult who is familiar to the Child provide the transportation on his or her behalf. 9. Each party shall notify the other immediately of any medical emergencies involving the Child, including hospitalization, which occur during that party's period of custody. Each party shall also notify the other of any significant developments which occur in connection with the Child's diabetic management during that party's period of custody. 10. During his periods of partial custody, the Father shall be primarily responsible for the Child's diabetic management. 11. The Father shall continue to follow all medical concerning the Child's diabetic management, including governing food intake and medication administration. instructions requirements 12. scheduled custody. The Father shall ensure that the Child attends her regularly activities which occur during the Father's periods of partial 13. The parties shall cooperate with each other in exchanging the Child's clothing for purposes of changes in custody. 14. Neither party shall consume or be under the influence of alcohol during periods of custody with the Child. 15. The noncustodial party shall have reasonable telephone contact with the Child during the other party's periods of custody. 16. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by IlRltual consent. In the absence of IlRltual consent, the terms of this order shall control. BY THE COURT, ~~~~ ~,': 1i,!}(.9i/,;I./f 4/r: , ". :' ':-~;!~~ ~.~~~O :r;@:1JJ;~ p'ail)f)~~ cc: Charles Rector, Esquire - Counsel for Mother Paul J. Esposito, Esquire - Counsel for Father PATrI S. CXXJPER, plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-4761 CIVIL TERM LARRY TUBBS, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSl'ODY <:xECILIATIOO SUMMARY REPCRI' IN AC<XIIDANCE WITH <nmERLAND <XXlNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTIl CURREN.rLY IN CUSl'ODY OF Rachel S. Cooper September 10, 1992 Mother 2. A Conciliation Conference was held on October 28, 1999, with the following individuals in attendance: The Mother, Patti S. Cooper, with her counsel, Charles Rector, Esquire, and the Father, Larry Tubbs, with his counsel, Paul J. Esposito, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 1U~-6vI Date / /777 , ~ Custody Conciliator N ~ -{Q ::) ~, ,:-:> C) C1 (:-',:1 \l <.-'\ '''\"1 :~'J ~',l . - '- C> 1 S 6"- CJ C'\ ~ -e:. ~ - . ~ <-,) <, C"', .<. :e r PATTI S. COOPER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95-4761 CIVIL ACTION LA W LARRY TUBBS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 11, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befc"e Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 31, 2005 , the conciliator. at -1.:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court. and to enter into a temporary order. All children age tive or older may also be present at the conference. Failure to appear at the confcrence may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sundav, Esq. _~_Y_ 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 A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 .;fr~~ j/Jl ff- ,4(f'<JI1/ ~ .;#:7 ~ 1l71l. "!:'U ff:p l' /'fT~"~' 1'9 \n .. , ' L :.:.-. : - (. \ 1\"": ""T'I.' :;J'.I(.. 07 (;',/ r _4 ~ "....7 ~o t'/5 ~U' (:/ '" ~ - PATTI S. COOPER, Pia i ntiff /Petition er IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-4761 LARRY TUBBS, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Jane Adams. Esquire, counsel for the Defendant, Larry Tubbs, accept service of the Petition to Modify Order of Custody, received on fhtu; J~. ~M,j- , / and certify that I am authorized to do so. D't'~ PATTI S. COOPER Plaintiff RECEIVED JUN 15 2005~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-4761 CIVIL ACTION LAW LARRY TUBBS Defendant 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: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachel S. Cooper September 10, 1992 Mother 2. A conciliation conference was held on June 13, 2005, with the following individuals in attendance: The Mother, Patti S. Cooper, with her counsel, Charles Rector, Esquire, and the Father, Larry Tubbs, with his counsel, Jane Adams, Esquire. 3. The Mother filed this Petition for Modification for the purpose of addressing certain health concerns regarding the Child. The issues were resolved at the conference with no further need for an additional Order at this time. ~ Date / 3 .kx::; S . V~J. Dawn S. Sunday, Esq1;1 Custody Conciliator cc: Charles Rector, Esquire - Counsel for Mother Jane Adams, Esquire - Counsel for Father -~ ~ /., _ / {. . (JIf" C)--, ~\~:~:_' (') s~, s:'_ ~ :~(~:~ -'l' ~:; -<. r-' @. d' ? ..,1.- - q, ..-t :r..~ (\'1'::: -n H:~ :t}C..( C) C) '-~,?_-J;!i ()('; -;:2tr\ 'p. ~1-1. ."'- 0' ~ -'.- - - <f~ ..J;J