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03-1600
Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY/DIVORCE JASON E. KERR, 0,3 ? I(, 04> Defendant NO. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY/DIVORCE JASON E. KERR, Defendant NO. (o 42 COMPLAINT IN DIVORCE 1. Plaintiff is Jenine J. Kerr, an adult individual residing at 21 Dannah Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Jason E. Kerr, an adult individual residing at 21 Dannah Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on July 3, 1992 in Cumberland County, Pennsylvania. 1 5. There are two (2) minor children born of this marriage: Austin E. Kerr, born August 12, 1996; and Griffin M. Kerr, born April 24, 1998. 6. The parties separated on April 4, 2003. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. 2 WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13 The Plaintiff requests the Court to equitably divide, distribute or assign the marital property and liabilities between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT M CUSTODY COMPLAINT 14 The averments in paragraphs 1 through 13 inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 3 15. Plaintiff seeks shared legal and physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Austin E. Kerr 21 Dannah Drive 08/12/1996 Carlisle, PA 17013 Griffin M. Kerr 21 Dannah Drive Carlisle, PA 17013 4/24/1998 16. The children are presently in the custody of both parents who are currently residing together at 21 Dannah Drive, Carlisle, Cumberland County, Pennsylvania 17013. Separation between the parties will shortly occur. 17. During the past five years the children have resided with the following persons at the following addresses: DATES 1994 to April, 2002 April, 2002 to Present ADDRESSES 8 Oak Drive Newville, PA 21 Dannah Drive Carlisle, PA 17013 NAMESOFPERSONS IN HOUSEHOLD Father, Mother and Children Father, Mother and Children 18. The Father of the children is Jason E. Kerr, currently residing at 21 Dannah Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4 The parties are currently married to each other but intend to separate. 20. The relationship of the Plaintiff to that of the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Jason E. Kerr Husband Austin E. Kerr Son Griffin M. Kerr Son 21. The relationship of the Defendant to the children is Father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Jenine J. Kerr Wife Austin E. Kerr Son Griffin M. Kerr Son 22. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 23. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 5 24. 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. 25. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can provide a stable, loving environment for her children. Plaintiff seeks to spend time with the children on a regular schedule, free from conflict with Defendant in such scheduling. Defendant has attempted through his actions and speech, to alienate the children from Plaintiff. Defendant has also threatened to flee with the children. Plaintiff has been a primary factor in the children's life and they are bonded. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and primary physical custody of the children to the Plaintiff. WHEREFORE, Plaintiff, Jenine J. Kerr, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding shared legal custody and Plaintiff primary physical custody of the parties' children; and 6 D. Awarding other relief as the Court deems just and reasonable. DATE: , 2003 j` 7 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENEI E J. KERB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY/DIVORCE JASON E. KERR, Defendant NO. AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. `"I Dated: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY/DIVORCE JASON E. KERR, Defendant NO. VERIFICATION I, JENINE J. KERB, hereby certify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: .'2003 r ?- ?? ? w ? ? ?. ?? ? ? ? ? ? ?? \, ? ? l . 1 ! j -? r / L: ? t _.. _ r. _ ` _' 1_ ? - ? i . .'? t.. JENINE J. KERR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON E. KERR • 03-1600 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 11, 2003 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, May 19, 2003 at 12.30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ Melissa P r&vy,Feq 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 -OA! I I -n (; £p -I?-h 1w o? S c?A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, Plaintiff V. JASON E. KERB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1600 CIVIL ACTION - LAW IN CUSTODY/DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3493, Return Receipt Requested, on the above-named Defendant, Jason E. Kerr, on April 10, 2003 at Defendant's last known address: 21 Dannah Drive, Carlisle, Pennsylvania 17013. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: April, 2003 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff M M CARLISLE FA 1013 rU Postage $ Q.83 t7' -T-7613 UG Certified Fee M Return Receipt Fee $1 .75 cO (Endorsement Required) rU G Restricted Delivery Fee $3. 511 (Endorsement Required) C3 Total Postage & Fees $ $8,39 C3 .D R f e ` c i ' nts Na asSRnntClean C3 o Street,Ap\ t. • or PO Box No. a`,N°?G? M - ------ City--ate, ZIP+4 UI17i l IGJM??sttarl??4 e z APK ---- ------------------------ Pc? 1.0 • Complete items 1, 2, and 3. Also complete Um 4 If Restrld ivory Is , - • Print your namal addres" f so that we can rdurn the • Att t rrd to the back st or on the front If space perm 1. Article Addressed to: cV 2. Article Number (Copy from service laben PS Form 3811, Jufy 1M A. Received by (Please Print Clearly) I B. Date of.D*'WY C. Si ure C3 Agent X ? Addl. D. Is address d' from item 1? ? yes if ES, enter delivery address below: ? No 3. Service Type 4F73ert'Ified Mail ? Express Mail ? Registered i Return Receipt for Merdfandfse _? Insured Mail ? C.O.D. a 10259s*044-OM EXHIBIT "A" JENINE J. KERR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA * VS. NO. 03-1600 Civil * JASON E. KERR, CIVIL ACTION - LAW Defendant IN DIVORCE & CUSTODY ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW, Defendant, Jason E. Kerr, by and through his attorney, Jennifer L. Frechette, Esquire, answers the within Divorce Complaint and avers as follows: ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendant denies the parties have lived separate and apart since April 4, 2003 and avers their final date of separation occurred when Defendant was served with the Divorce Complaint on April 8, 2003, although the parties are still residing in the same residence as of the date Defendant signed the attached Verification. Moreover, Plaintiff's Complaint in paragraph 16 and 18 aver that the parties have not yet separated (as of April 7, 2003 when Plaintiff signed the Verification). 7. Admitted. 8. Admitted. 9. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of this averment, and the averment is therefore denied. COUNT I -DIVORCE NO FAULT 10. Paragraphs 1 through 9 of Plaintiff's Divorce Complaint, together with Defendant's Answers thereto are incorporated by reference. 11. Admitted. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 of Plaintiff's Divorce Complaint, together with Defendant's Answers thereto are incorporated by reference. 13. Paragraph 13 of Plaintiff's Complaint is a request for relief to which no response is required. To the extent a response is required, the averment is denied. COUNT III CUSTODY COMPLAINT 14. Paragraphs 1 through 13 of Plaintiff's Divorce Complaint, together with Defendant's Answers thereto are incorporated by reference. 15. Paragraph 15 of Plaintiff's Complaint is a request for relief to which no response is required. To the extent a response is required, the averment is denied. 16. Admitted, except that the parties have separated (by way of an in-house separation) as of the date Defendant was served with the Divorce Complaint. 17. Admitted. 18. Admitted, except that the parties have separated (by way of an in-house separation) as of the date Defendant was served with the Divorce Complaint. 19. Paragraph 19 is omitted from Plaintiff's Complaint. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Denied. Defendant has been the children's primary caretaker and the stay- at-home parent by mutual agreement of the parties for a year and one-half, therefore the best interest and permanent welfare of the of the children will be served by granting Defendant primary physical custody. Plaintiff has attempted to alienate the children from the Defendant and threatened to "blow his head off' and cut him off financially if she does not get primary physical custody of the children. Plaintiff admittedly drinks daily during and after work and travels regularly for business and pleasure. Defendant is more capable of providing a stable and loving environment for the children, and to provide Plaintiff with regular visitation and partial custody. 26. Admitted. COUNTER-CLAIM IN DIVORCE COUNT IV REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 27. The prior paragraphs of this Answer and Counter-claim are incorporated herein by reference thereto. 28. During the course of the marriage, Plaintiff has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 29. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to continue maintenance of said policies. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502 (d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE 30. The prior paragraphs of this Answer and Counter-claim are incorporated herein by reference thereto. 31. Defendant is unable to sustain himself during the course of litigation. 32. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 33. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COT TNT VT REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE 34. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 35. Defendant has employed Jennifer L. Frechette, Esquire, to represent him in this matrimonial cause. 36. Defendant is unable to pay his counsel fees, costs and expenses and Plaintiff is more than able to pay them. 37. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. Defendant has not been employed for a year and a half pursuant to a mutual agreement of the parties that the Defendant stay home with the children. 38. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Respectfully submitted: BY: Jenn er L. Frechette, Esquire 265 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #87445 ' f ATTORNEY FOR DEFENDANT Date: `'? l u to VERIFICATION I, Jason E. Kerr, hereby swear and affirm that the facts contained in the foregoinACounter-Claim are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: y - 0-3 7 er/6;? Jaas4oonno-21 . . Kerr a (? .? 0 b 1 C? r.- z C. ;a i ; ? "° ti-r? r ., -,.? ,•._. v r- `?..-. ?,- y .. [ti -; `?F _,? JENINE J. KERR, IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 03-1600 Civil * JASON E. KERR, CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on April 24, 2003, I served a true and correct copy of the Answer and Counter-Claim in Divorce upon Barbara Sumple-Sullivan, Esquire, Counsel for Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date:' C U3 Misty D. Lehman n U W C3 M I j 1 L1 5 _ . N a 1 .rte' { Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, V. Plaintiff Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE/CUSTODY NO. 2003-01600 JASON E. KERR, STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this day of , 2003 by and between Jenine J. Kerr (hereinafter referred to as "Mother") and Jason E. Kerr (hereinafter referred to as "Father"). WITNESSETH WHEREAS, Mother and Father are the parents of two (2) children, being Austin E. Kerr, date of birth August 12, 1996 and Griffin M. Kerr, date of birth April 24, 1998; WHEREAS, Mother has filed a Complaint for Custody on April 7, 2003; WHEREAS, the parties now desire to reach an interim custodial schedule to allow for immediate separation of the parties and to create a plan by which total review of the custody matter and final order can be concluded. -1- NOW THEREFORE, the parties intending to be legally bound, do agree as follows: I. Legal Custody. The parties agree to share legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each parry agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from. the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custod=y. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. II. Physical Custody. The parties shall share physical custody on the following basis: A. Alternating Weekends. The parties shall alternate weekends from Friday after work at 5:00 p.m. until Monday morning until start of school (or 9:00 a.m. in the event there is no school). The parties shall commence this schedule with Father having the weekend of April 18th, so as to allow Mother to relocate from the marital home. B. Week nights: Mother shall have each Monday from 9:00 a.m. to Wednesday at 12:00 noon. If Mother is working on Wednesday, she shall return the children to Father's care at 9:00 a.m. Father shall have each. Wednesday at 12:00 noon (unless returned to him earlier by Mother if she is working) to Friday at 5:00 p.m. III. Holidays. The parties shall celebrate holidays as follows: A. In odd numbered years, Mother shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m. until 7:30 p.m. Father shall have these times in even numbered years. B. In odd numbered years, Father shall have Easter and July 0. Easter shall be defined as 9:00 a.m. until 7:30 p.m. July 4th shall be defined as 5:00 p.m. on July 3rd until 7:30 p.m. on July 0. Mother shall have these times in even numbered years. -2- C. Mother shall always have Mother's Day, which shall be defined as the weekend from Friday after school before Mother's Day to Mother's Day Sunday at 7:30 p.m. D. Father shall always have Father's Day, which shall be defined as the weekend from Friday at 5:00 p.m. (or earlier if Father is off work) to Father's Day Sunday at 7:30 p.m. E. Thanksgiving shall be shared between the parties,. Segment "A" shall consist of Wednesday evening from 5:00 p.m. until Thanksgiving Day at 4:00 p.m. Segment "B" shall consist of Thanksgiving Day at 4:00 p.m. until Friday at 7:30 p.m. when the regular weekend schedule shall resume. Mother shall have Segment "W" of the Thanksgiving Holiday in even years and Father shall have Segment "B." This shall reverse for odd numbered years. F. Christmas shall be shared between the parties. Segment "A" shall consist of December 24th at 9:00 a.m. until December 25th at 1:00 p.m. Segment "B" shall be December 25that 1:00 p.m. to December 26that 6:00 p.m. The parties shall alternate these segments. Father shall have Segment "A" in even years and Mother shall have Segment "B." This shall reverse for odd numbered years. The holiday schedule as set forth above shall supersede all other provisions of this Order. IV. Vacations. Upon thirty days (30) written notice, each party shall have the right to take one (1) week of vacation during the year. Except as specified below, a vacation week shall be defined as seven (7) consecutive days and shall include Mother's/Father's custodial weekend, so as not to disrupt the alternating weekend schedule. V. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion of the parent or which may hamper the free and natural development of the children's love and respect for the other parent. VI. Location. The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children is in her or his custody. -3- VII. Transportation. The parties shall share transportation with the parent commencing his or her period of custody picking up the children from the parent ending his or her custodial rights VIII. Telephone Contact. The parents are entitled to speak with the children on their non- custodial days. The custodial parent shall make the children available for the other parent's call. The children are free to contact the other parent at all reasonable times. IX. Right of First Refusal. The parties agree that they shall provide each other with the right of first refusal to care for the children in the event the children is in his or her custodial care and they are away for a period of more than four (4) hours from the children. The parties shall cooperate in notifying each other and giving each other the opportunity to provide care of the children during these periods. X. Custody Evaluation. The parties agree that they shall commence a full custody evaluation with Riegler Shienvold and Associates. Each party shall be obligated to pay one-half of the total costs of the evaluation. However, Wife shall advance and pay to Dr. Shienvold the full costs of the evaluation. One-half of the total cost shall then be credited against Husband's share of the marital estate upon final resolution of the equitable distribution matters for divorce. The parties hereto acknowledge and agree that this Stipulation for Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEkLF- AND DELIVERED IN THE PRESE 5,0P NV 1L11CSJ Witnes J. Kerr ason E. Kerr -4- . r MAY 0 7 2003 ' JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1600 CIVIL TERM V. CIVIL ACTION - LAW JASON E. KERR, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 5m day of May, 2003, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THP- COURT: BY: 4is"sa`5eel Greevy, Esquire stody Conciliator :213032 s7:. - 'Cr?j JENINE J. KERR, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERR, Defendant : NO. 2003-01600 ORDER ADOPTING STIPULATION OF PARTIES ik" AND NOW, to wit, this 41day of,ATW, 2003, upon consideration of the € Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the 4z"$ $ Stipulation for Custody daw "yu, rCadopted as an Order of Court as if set forth herein at length. BY THE COURT, Judge a? d5•ly-cl3 .. 4 JENINE J. KERR, IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. NO. 03-1600 Civil * JASON E. KERR, * CIVIL ACTION - LAW Defendant IN DIVORCE & CUSTODY DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Jason E. Kerr, is the Defendant in the above-referenced divorce action, which was filed on April 7 2003. 2. Petitioner included a Petition for Alimony Pendente Lite (APL) in the Answer and Counter-Claim to Plaintiffs Complaint in Divorce when filed on April 25, 2003. 3. Petitioner requires reasonable support and/or APL to adequately sustain himself within the standard of living established during the marriage and to properly and adequately maintain the within action for divorce. 4. Petitioner seeks APL effective the date the claim was filed in the Answer and Counter-Claim to Plaintiff's Complaint in Divorce. WHEREFORE, Petitioner requests that this Court enter an Order awarding alimony pendente lite in this matter. Dated: ( /I 13/C3 By Jen ifer C Frechette, Esquire Wil y, Lenox, Colgan & Marzzacco, PC 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 Attorney I.D. No,87445 Attorney for Defendant VERIFICATION I, Jason E. Kerr, hereby certify that the facts set forth in the foregoing Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Q1 j'03 "4?? Jason E. Kerr, Defendant n L 1 (a 3 c - t ? ?? ?' ri ? ? ???; '' ,> ? 1? =? :.? r v -O -< IN THE COURT OF COMMON PLEAS OF JENINE J. KERR, Plaintiff/Reppondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-1600 CIVIL TERM JASON E. KERR, IN DIVORCE Defendant/Petitioner Pacses# 876105570 ORDER OF COURT AND NOW, this 23rd day of June, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R J Shaddav on July 23 2003 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 6-23-03 to: < Respondent Jennifer Frechette, Esquire Barbara Sumple-Sullivan, Esquire Date of Order: June 23, 2003 R. J hadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 O CJ C ? C7 .?: n 77 C r ca ? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERR, Defendant : NO. 2003-01600 STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this 16 day o,La i . 2003 by and between Jenine J. Kerr (hereinafter referred to as "Mother") and Jason E. Kerr (hereinafter referred to as "Father"). WITNESSETH WHEREAS, Mother and Father are the parents of two (2) children, being Austin E. Kerr, date of birth August 12, 1996 and Griffin M. Kerr, date of birth April 24, 1998; WHEREAS, Mother has filed a Complaint for Custody on April 7, 2003; WHEREAS, the parties had reached a stipulation for custody which was incorporated into an Order of Court dated May 14, 2003. A copy of said Order is attached hereto as Exhibit «A WHEREAS, the parties now desire to modify the prior arrangement which they had agreed to so as to provide to an alternating week arrangement with their children; -1- NOW THEREFORE, the parties intending to be legally bound, do agree as follows: I. Legal Custody. The parties agree to share legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. IL Physical Custody. The parties shall share physical custody on the following basis: A. Alternating Week The parties shall alternate week: of custody with their children. The exchange time shall be Friday after work at 5:00 p.m. The parties shall commence this schedule with Mother having the week commencing Friday, September 5, 2003. B. Evening Visitation. It is also agreed by the parties that the non-custodial parent shall have custody with the children for a three hour period on an evening that the parties will mutually decide each week, depending on the activities for that week. If no agreement can be reached, the period shall be Tuesday evenings. Said evening visitation period shall run from approximately 5:00 p.m. to 8:00 p.m. III. Holidays. The parties shall celebrate holidays as follows: A. In odd numbered years, Mother shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m. until 7:30 p.m. Father shall have these times in even numbered years. B. In odd numbered years, Father shall have Easter and July 4°i. Easter shall be defined as 9:00 a.m. until 7:30 p.m. July 4a' shall be defined as 5:00 p.m. on July 3rd until 7:30 p.m. on July 4a'. Mother shall have these times in even numbered years. C. Mother shall always have Mother's Day, which shall be defined as the weekend from Friday after school before Mother's Day to Mother's Day Sunday at 7:30 -2- p.m. D. Father shall always have Father's Day, which shall be defined as the weekend from Friday at 5:00 p.m. (or earlier if Father is off work) to Father's Day Sunday at 7:30 p.m. E. Thanksgiving shall be shared between the parties. Segment "A" shall consist of Wednesday evening from 5:00 p.m. until Thanksgiving Day at 4:00 p.m. Segment "B" shall consist of Thanksgiving Day at 4:00 p.m. until Friday at 7:30 p.m. when the regular weekend schedule shall resume. Mother shall have Segment "A" of the Thanksgiving Holiday in even years and Father shall have Segment "B." This shall reverse for odd numbered years. F. Christmas shall be shared between the parties. Segment "A" shall consist of December 24a' at 9:00 a.m. until December 25u' at 1:00 p.m. Segment "B" shall be December 250i at 1:00 p.m. to December 26a' at 6:00 p.m. The parties shall alternate these segments. Father shall have Segment "A" in even years and Mother shall have Segment "B." This shall reverse for odd numbered years. The holiday schedule as set forth above shall supersede all other provisions of this Order. IV. Vacations. Upon thirty days (30) written notice, each party shall have the right to take one (1) week of vacation during the year. Except as specified below, a vacation week shall be defined as seven (7) consecutive days and shall include Mother's/Father's custodial weekend, so as not to disrupt the alternating weekend schedule. V. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion of the parent or which may hamper the free and natural development of the children's love and respect for the other parent. VI. Location. The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children is in her or his custody. VII. Transportation. The parties shall share transportation with the parent commencing his or her period of custody picking up the children from the parent ending his or her custodial -3- rights VIII. Telephone Contact. The parents are entitled to speak with the children on their non- custodial days. The custodial parent shall make the children available for the other parent's call. The children are free to contact the other parent at all reasonable times. IX. Right of First Refusal. The parties agree that they shall provide each other with the right of first refusal to care for the children in the event the children is in his or her custodial care and they are away for a period of more than four (4) hours from the children. The parties shall cooperate in notifying each other and giving each other the opportunity to provide care ofthe children during these periods. The parties hereto acknowledge and agree that this Stipulation for Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE P F: -4- EXHIBIT "A" JENINE J. KERR, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERR, Defendant : NO. 2003-01600 ORDER ADOPTING STIPULATION OF PARTIES m ??j AND NOW, to wit, this day of tpU, 2003, upon consideration of theme Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the feriRg„ ?A+ Q.R G Stipulation for Custody dat@-j Apal -, 299 adopted as an Order of Court as if set forth herein at length. BY THE COURT, 1.0 4;ue TRUE COPY FROM RECORD In Testimony whet f1 here unto set my hand endAhe seal. of saidICoyrt #, adisle, Pa. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERR, Defendant : NO. 2003-01600 STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this day of _ , 2003 by and between Jenine J. Kerr (hereinafter referred to as "Mother") and Jason E. Kerr (hereinafter referred to as "Father"). WITNESSETH WHEREAS, Mother and Father are the parents of two (2) children, being Austin E. Kerr, date of birth August 12, 1996 and Griffin M. Kerr, date of birth April 24, 1998; WHEREAS, Mother has filed a Complaint for Custody on April 7, 2003; WHEREAS, the parties now desire to reach an interim custodial schedule to allow for immediate separation of the parties and to create a plan by which total review of the custody matter and final order can be concluded. -1- NOW THEREFORE, the parties intending to be legally bound, do agree as follows: I. Legal Custody. The parties agree to share legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made by them j ointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each parry agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. II. Physical Custody. The parties shall share physical custody on the following basis: A. Alternating Weekends. The parties shall alternate weekends from Friday after work at 5:00 p.m. until Monday morning until start of school (or 9:00 a.m. in the event there is no school). The parties shall commence this schedule with Father having the weekend of April 18`h, so as to allow Mother to relocate from the marital home. B. Week nights: Mother shall have each Monday from 9:00 a.m. to Wednesday at 12:00 noon. If Mother is working on Wednesday, she shall return the children to Father's care at 9:00 a.m. Father shall have each Wednesday at 12:00 noon (unless returned to him earlier by Mother if she is working) to Friday at 5:00 p.m. III. Holidays. The parties shall celebrate holidays as follows: A. In odd numbered years, Mother shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m. until 7:30 p.m. Father shall have these times in even numbered years. B. In odd numbered years, Father shall have Easter and July 4th. Easter shall be defined as 9:00 a.m. until 7:30 p.m. July 4th shall be defined as 5:00 p.m. on July 3rd until 7:30 p.m. on July 4th. Mother shall have these times in even numbered years. -2- C. Mother shall always have Mother's Day, which shall be defined as the weekend from Friday after school before Mother's Day to Mother's Day Sunday at 7:30 p.m. D. Father shall always have Father's Day, which shall be defined as the weekend from Friday at 5:00 p.m. (or earlier if Father is off work) to Father's Day Sunday at 7:30 p.m. E. Thanksgiving shall be shared between the parties. Segment "A" shall consist of Wednesday evening from 5:00 p.m. until Thanksgiving Day at 4:00 p.m. Segment "B" shall consist of Thanksgiving Day at 4:00 p.m. until Friday at 7:30 p.m. when the regular weekend schedule shall resume. Mother shall have Segment "A" of the Thanksgiving Holiday in even years and Father shall have Segment "B." This shall reverse for odd numbered years. F. Christmas shall be shared between the parties. Segment "A" shall consist of December 24"' at 9:00 a.m. until December 25`x' at 1:00 p.m. Segment "B" shall be December 25th at 1:00 p.m. to December 26`" at 6:00 p.m. The parties shall alternate these segments. Father shall have Segment "A" in even years and Mother shall have Segment "B." This shall reverse for odd numbered years. The holiday schedule as set forth above shall supersede: all other provisions of this Order. IV. Vacations. Upon thirty days (30) written notice, each party shall have the right to take one (1) week of vacation during the year. Except as specified below, a vacation week shall be defined as seven (7) consecutive days and shall include Mother's/Father's custodial weekend, so as not to disrupt the alternating weekend schedule. V. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion of the parent or which may hamper the free and natural development of the children's love and respect for the other parent. VI. Location. The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children is in her or his custody. -3- VII. Transportation. The parties shall share transportation with the parent commencing his or her period of custody picking up the children from the parent ending his or her custodial rights VIII. Telephone Contact. The parents are entitled to speak with the children on their non- custodial days. The custodial parent shall make the children available for the other parent's call. The children are free to contact the other parent at all reasonable times. IX. Riaht of First Refusal ' The parties agree that they shall provide each other with the right of first refusal to care for the children in the event the children is in his or her custodial care and they are away for a period of more than four (4) hours from the children. The parties shall cooperate in notifying each other and giving each other the opportunity to provide care of the children during these periods. X. Custody Evaluation. The parties agree that they shall commence a full custody evaluation with Riegler Shienvold and Associates. Each party shall be obligated to pay one-half of the total costs of the evaluation. However, Wife shall advance and pay to Dr. Shienvold the full costs of the evaluation. One-half of the total cost shall then be credited against Husband's share of the marital estate upon final resolution of the equitable distribution matters for divorce. The parties hereto acknowledge and agree that this Stipulation for Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEA AND DELIVERED IN THE P E E-( T WA e s -4- 71 C 1 7)1 fi F r r. JENINE J. KERR, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERR, Defendant : NO. 2003-01600 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this j? day of 2003, upon consideration of the attached Stipulation for Custody and on joint motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, and Jennifer Frechette, Esquire, counsel for the Defendant, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated September 16, 2003 is adopted as an Order of Court as if set forth herein at length. 07-1.1-03 BY THE COURT, VIWAWNN3d unnao c< ,vWmro did] fvv;iit Ck"' '1Ni1 20 MARrrAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this I 1 day ofa 2004, by and between JASON E. KERB, hereinafter referred to as "HUSB' ," and JENINE J. KERR, hereinafter referred to as "WIFE." WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on July 3, 1992 in Cumberland County, Pennsylvania; WHEREAS, two (2) minor children were born of this marriage being Austin E. Kerr, born August 12, 1996 and Griffin M. Kerr, born April 24, 1998; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND April 23, 2004 and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. INUE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Jennifer L. Frechette, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness April 23, 2004 of the causes, which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure of income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. April 23, 2004 The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the April 23, 2004 4 proper effectuation of this Agreement. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or Apri123, 2004 demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed b;y both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and Apri123, 2004 6 pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States April 23, 2004 Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment of liability shall indemnify and save harmless the other from all additional tax, penalty, and interest. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPER`PV HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. The parties agree that all assets in the possession of WIFE as of the date of execution of this Agreement shall be the sole and separate property of WIFE. The April 23, 2004 Q parties agree that all assets in the possession of HUSBAND as of the date of execution of this Agreement shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties acquired during the marriage certain real estate located at 21 Dannah Drive, Carlisle, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage due and owing to American Home Bank (now Countrywide) in the approximate amount at the time of separation of Three Hundred Fifteen Thousand Dollars ($315,000.00). WIFE is solely responsible for said mortgage and HUSBAND is not a signatory or guarantor of this debt. The home is also subject to a Home Equity Loan No. 100059070 with Legacy Bank in the approximate amount of Forty-one Thousand Dollars ($41,000.00). The house is titled individually in the name of WIFE. HUSBAND agrees to convey his interest in this real estate to WIFE and shall execute any and all documentation which may be necessary to transfer said interest to WIFE. WIFE further agrees to indemnify and save HUSBAND harmless against any claims for any liability on the Legacy Home Equity Loan or any costs, assessments, liens expenses or fees which may be related to the real estate. WIFE shall continue to pursue and use her best April 23, 2004 0 efforts to secure release of HUSBAND from these obligations for which he is a borrower. WIFE is also involved in a Limited Partnership known as W&C Realty and Holdings, which partnership owns and operates certain real estate located at 47 West Pomfret Street, Carlisle, Cumberland County. Said real estate subject to the partnership ownership is also encumbered by loans due and owing to Legacy Bank, Account No. 100056621 (balance $169,008.97) and Account No. 100059963 (balance $23,389.88). WIFE shall retain her interest in the real estate partnership and HUSBAND does hereby agree to waive any and all rights and claims to said interest. WIFE shall be responsible for all sums due and owing to Legacy Bank as referenced above and shall indemnify and hold HUSBAND, his successors and assigns, harmless for any debts referenced above, together with all costs, charges and expenses related to said loans or property. WIFE shall continue to pursue and use her best efforts to secure release of HUSBAND from the obligations of W&C Realty for which he its a guarantor. C. VEHICLES At the time of separation, the parties leased certain vehicles. The vehicle driven by HUSBAND is a 2001 Dodge Durango and a loan due and owing to Chrysler Financial in the approximate amount of Twenty-seven Thousand Dollars ($27,000.00) is outstanding. HUSBAND shall assume possession and ownership of said vehicle and agrees to indemnify and hold WIFE, her successors and assigns from any and all indebtedness, costs, charges and expenses related to said truck. HUSBAND shall make good faith efforts to refinance the vehicle April 23, 2004 10 debt. WIFE has use and possession of a vehicle, which is a business vehicle and is owned by and the obligation of payment therefore is due through her company. D. FINANCIAL ASSETS The parties shall each maintain any checking, savings, or other financial account as titled in their individual names. E. PENSIONS AND EMPLOYMENT BENEFITS The parties confirm that any existing pension or retirement benefits existing shall remain the sole and separate property of the party in whose name same; is owned. Specifically, WIFE shall retain all 401(x) and other retirement benefits existing in HealthCore F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name G. BUSINESS INTERESTS During the marriage, WIFE became a fifty (50%) percent owner of certain business interests related to staffing of medical centers and nursing homes. The initial entity formed was known as Healthcore, LLC. Certain subsidiaries and similar entitles have been formed in other subsequent locations and include Healthcare Home Services, LLC, Healthcore Ohio, LLC, and Healthcare Maryland, LLC. These business entities are encumbered and have substantial April 23, 2004 11 obligations and indebtedness due and owing on them. These debts include the following obligations: Legacy Bank, Acct. No. 100101575 $300,000.00 (Healthcore, LLC Line of Credit) Legacy Bank, Acct. No. 100102821 $471,720.63 (Healthcore SBA Term Loan) The parties agree that WIFE shall have said business interest as her sole and separate property, free and clear of any claims of HUSBAND. However, WIFE shall also be solely liable for all obligations related to said business interests and shall indemnify and hold HUSBAND harmless from any and all obligations, liabilities, costs, expenses or claims arising from said business interests. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. At the time of separation, in addition to the mortgages and other business related debts, April 23, 2004 12 the parties had certain credit card obligations. These debts were: Dicks, Acct. No. $ 250.00 BonTon, Acct. No. 06649105 $ 900.00 CitiBank, Acct. No. $ 500.00 Bank One, Acct. No. 4266812036204260 $ 7,500.00 Emerald MBNA, Acct. No. $10,000.00 American Express, Acct. No. 3 73 49163 793 9000 $ 6,500.00 NB Liebman/Citifinancial, Acct. No. 9011585 $ 7,500.00 Goods, Acct. No. 181-6011-0044-4559 $ 4,500.00 Cabela's Visa, Acct. No. $ 275.00 Visa Nursing, Acct. No. 4418409114724678 $ 7,300.00 Lowe's, Acct. No. 819 2339 0928853 $ 0.00 WIFE warrants that she will pay the following debts and shall indemnify and hold HUSBAND harmless from the same. BonTon, Acct. No. 06649105 $ 900 .00 Bank One, Acct. No. 4266812036204260 $ 7,500 .00 American Express, Acct. No. 373491637939000 $ 6,500 .00 NB Liebman/Citifinancial, Acct. No. 9011585 $ 7,500 .00 Goods, Acct. No. 181-6011-0044-4559 $ 4,500. 00 Visa Nursing, Acct. No. 4418409114724678 $ 7,300. 00 Lowe's, Acct. No. 819 2339 0928853 $ 0. 00 April 23, 2004 13 HUSBAND warrants that he will pay the following debts and shall indemnify and hold WIFE harmless from the same. Dicks, Acct. No. $ 250.00 CitiBank, Acct. No. $ 500.00 Emerald MBNA, Acct. No. $10,000.00 Cabela's Visa, Acct. No. $ 275.00 SECTION III SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. The parties agree that as a condition of this agreement, WIFE shall waive in full any and all support credit existing and due to her through the Domestic Relations Office of Cumberland County, which sum had an approximate balance of Seven Thousand Six Hundred Dollars April 23, 2004 14 ($7,600.00) as of November 1, 2003. It is specifically recognized that future child support obligations shall be in accordance with the action pending at Docket # 334 Support 2003, PACSES No. 804105403. The APL action pending at Docket: No. 03-1600 Civil, PACSES No. 876105570 shall be deemed dismissed and withdrawn. SECTION IV CUSTODY Custody shall continue in accordance with the Order of Court dated September 24, 2003. However, the parties confirm that neither party shall relocate from Cumberland County except with: a. Mutual consent of the other party; or b. Subsequent Court Order. Any party desiring to relocate shall give the other party thirty (30) days written notice thereof. Either party can file with the court a petition to incorporate this provision as a material term of the Order of Court dated September 24, 2003. 2. The parties shall agree to attend parenting communication counseling to assist in development of a strong custodial arrangement. April 23, 2004 15 SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS WITNESSU \J' April 23, 2004 16 ?72!%V SON E. KERR COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF `'S' Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JASON E. KERB, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this day of )qPvi% 2004. Notarial Seal XM NOTAR ( LMy- y Public 1.3, 2006 My commission expires: nrona, COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JENINE J. KERR who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief subscribed to before me this ! day of 2004. NOTARY PUBLIC My commission expires: (SEAL) NOiN1Y1t Notary >fUILNAN April 23, 2004 17!3=R R"c CommlMbn?IAND C OIN Nov 16. m N r c? a T y y n'?l GJ c (S t1 } j(?U Y J 1 k'HK'AGA `J+ i t?+n4'v W'? vMl.. alai ,eMo Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JASON E. KERR, Defendant NO. 03-1600 CIVIL ACTION - LAW IN CUSTODYDIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C'.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: Ab-1 CJ o O C_ ° -n c _. -rte U'y ? '. '- ::'.n D r , ,_ .?_ ,-w ?'C ? -< Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERB, Plaintiff V. JASON E. KERR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAI? D COUNTY, PENNSYLVANIA NO. 03-1600 CIVIL ACTION - LAW IN CUSTODY/DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: lf? -. ? o O C' r -si O 7- 'ri Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JASON E. KERR, Defendant NO. 03-1600 CIVIL ACTION - LAW IN CUSTODYDIVORCE AFFID AWIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2003. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ason E. Keirr cad;. W c_; 1 i ? -l - y .. Ln Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, Plaintiff V. JASON E. KERR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1600 CIVIL ACTION - LAW IN CUSTODY/DIVORCE WAIVER OF NOTICE OF INTENTION T_ O REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce; without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce; is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE ??4 aeon E. Kerr .-IN O C ° 0 - -r.. c C 3 = K-`(a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ....wives V. JASON E. KERR, IN THE COURT OF COM1V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY/DIVORCE Defendant : NO. 03-1600 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce . 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on April 10, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff April 30, 2004; by Defendant April 28, 2004. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated May 11, 2004 and incorporated, but not merged, into the Decree. See paragraph 5 Page 4 of the Agreement of Record. 5. Date Plaintiffs Waiver of Notice in 3301(c) D'ivoo?ce was filed with Prothonotary: May 12, 2004. Date Defendant's Waiver of Notice in 3301(p Prothonotary: May 12, 2004. e was filed with Dated: May 11, 2004 Barbara Sumple-Sulliva- n, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff rTi Co C.11 -J IN THE COURT OF COMMON PLEAS JENTNE J. KERR Plaintiff VERSUS JASON E. KERR Defendant No. 03-1600 DECREE IN DIVORCE AND NOW, 2004 , IT IS ORDERED AND DECREED THAT Jenine J. Kerr PLAINTIFF, AND Jason E. Kerr 'DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the Parties pursuant to the Marital Settlement Agreement dated May 11, 2004 and incorporated, but not merged, into the Decree. BY THE COURT: ATTEST OF CUMBERLAND COUNTY 4 STATE OF PENNA. PROTHONOTARY 4 . , I N'. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENINE J. KERR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON E. KERR, Defendant : DOCKET NO. 2003-1600 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION NOW COMES the plaintiff, Jenine J. Kerr, by and through her counsel, Nathan G Wolf, Esquire, and presents the following petition for modification of custody and in support thereof represents as follows: 1. Plaintiff is Jenine J. Kerr, an adult individual residing at 540 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013. (Hereinafter referred to as "Mother") 2. Defendant is Jason E. Kerr, an adult individual residing at 4 Forgedale Drive, Carlisle, Cumberland County Pennsylvania, 17015. (Hereinafter referred to as "Father") 3. The parties are the natural parents of two minor children, namely: a. Austin E. Kerr, age 12, born August 12, 1996. b. Griffin M. Kerr, age 11, born April 24, 1998. 4. The parties are currently subject to a custody order entered by agreement on September 25, 2003, by the Honorable J. Wesley Oler, Jr. (A true and correct copy of said order is attached hereto as Exhibit A). 5. The Order provides for, inter alia, the parties to share legal and physical custody of the children. 6. On or about July 18, 2009, the children were transferred into Father's custody for their one week period, pursuant to the Order of Court. 7. That morning the children began communicating with Mother concerning their fear of their father's behavior, indicating that he had been physically rough and threatening in his "discipline" of the children. 8. In the past, the children related to Mother that their Father had thrown Austin against the wall, had punched and slapped Austin. 9. The children also related to their Mother that Father had been physically rough with Griffin but not to the same extent as Austin. 10. Father has been verbally and emotionally abusive with both children for an extended period of time. 11. Over this most recent weekend, Mother received text messages from the children indicating that they feared for their safety and that if Mother did not retrieve them from their Father's custody that they would run away from his house. 12. Mother encouraged the children to remain in their Father's home until July 20, 2009, when they repeated their fear of their Father's behavior when he returned home from work 13. Mother has attempted to be cooperative with Father in the past for fear he would take his frustrations out on the children while in Father's custody and because Father threatened to essentially put Mother in financial ruin. 14. Mother believes that the potential harm to the children now vastly outweighs the potential harm which could be inflicted upon her. 15. Mother likewise had not previously petitioned for modification because she was unaware of the extent of Father's behaviors until the children had recently begun to tell her precisely what was happening at Father's home. 16. Mother submits that the children have also begun to voice a strong preference to live in Mother's primary physical custody. 17. Presently, the children have indicated that they fear their Father to the extent that they do not wish to be in his custody out of concern for his potential treatment of them 18. On July 20, 2009, the children again contacted Mother asking her to pick them up from Father's home. 19. In response to that communication, Mother contacted Father and informed him that she intended to pick up the children from his house, to which Father replied he did not object. 20. After Mother and Father spoke, Father contacted the children by telephone and informed them that if they chose to go with their Mother that he did not want the children back in his house and that they were essentially losing their Father because he did not wish to see them again. 21. Mother submits that the children's best interests and permanent welfare would be best served by granting her primary physical custody. 22. Mother maintains a stable household and environment within which to raise the children. 23. Mother submits that Father should be required to subject himself to anger management counseling before having additional periods of unsupervised custody of the children. 24. In the event Father is willing to address the concerns raised herein, Mother is willing and ready to ensure that Father would, at that point, have regular contact and a strong relationship with the children, if relief is granted. 25. The prior judge assigned to this matter is the Honorable J. Wesley Oler, Jr. 26. Mother believes that the best interests of the children will be served by granting the relief requested herein. 27. Mother specifically requests an expedited conciliation conference be scheduled in this matter. WHEREFORE, for the reasons set forth herein, plaintiff, Jenine J. Kerr, respectfully requests that the Court enter an order modifying the existing custody order and grant shared legal custody to the parties and primary physical custody of the children to the plaintiff, subject defendant's right to partial physical custody of the children upon receipt of evidence that he has completed anger management counseling and is equipped to properly care for the children, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & _WOLF, Attorneys at Law Date: July -2), 2009 Nathan olf, Esquire 10 We igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. JuIY -! , 2009 EXHIBIT "A" JENINE J. KERR, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERR, Defendant ; NO. 2003-01600 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this L!?day of , 2003, upon consideration ofthe attached Stipulation for Custody and on joint motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff& and Jennifer Frechette, Esquire, counsel for the Defendant, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated September 16, 2003 is adopted as an Order of Court as if set forth herein at length. o7'11-1 , i1 RK5 07 -2.1-03 BY THE COURT, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Jb141Nh J. 1EKK, THE COURT OF COMMON PLEAS Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERR, Defendant : NO. 2003-01600 STIPULATION REGARDING CUSTODY THISAGREEMENT is made this 16 day o / 2003 by and between Jenine J. Kerr (hereinafter referred to as "Mother") and Jason E. Kerr (hereinafter referred to as "Father"). WITNESSETH WHEREAS, Mother and Father are the parents of two (2) children, being Austin E. Kerr, date of birth August 12, 1996 and Griffin M. Kerr, date of birth April 24, 1998; WHEREAS, Mother has filed a Complaint for Custody on April 7, 2003; WHEREAS, the parties had reached a stipulation for custody which was incorporated into an Order of Court dated May 14, 2003. A copy of said Order is attached hereto as Exhibit «A„ WHEREAS, the parties now desire to modify the prior arrangement which they had agreed to so as to provide to an alternating week arrangement with their children; -1- NOW THEREFORE, the parties intending to be legally bound, do agree as follows: Legal Custody. The parties agree to share legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. II. Physical Custody!., The parties shall share physical custody on the following basis: A. Alternating Week. The parties shall alternate week of custody with their children. The exchange time shall be Friday after work at 5:00 p.m. The parties shall commence this schedule with Mother having the week commencing Friday, September 5, 2003. B. Evening Visitation. It is also agreed by the parties that the non-custodial parent shall have custody with the children for a three hour period on an evening that the parties will mutually decide each week, depending on the activities for that week. If no agreement can be reached, the period shall be Tuesday evenings. Said evening visitation period shall run from approximately 5:00 p.m. to 8:00 p.m. III. Holidays. The parties shall celebrate holidays as follows: A. In odd numbered years, Mother shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m. until 7:30 p.m. Father shall have these times in even numbered years. B. In odd numbered years, Father shall have Easter and July e. Easter shall be defined as 9:00 a.m. until 7:30 p.m. July 4`s shall be defined as 5:00 p.m. on July 3rd until 7:30 p.m. on July 4*. Mother shall have these times in even numbered years. C. Mother shall always have Mother's Day, which shall be defined as the weekend from Friday after school before Mother's Day to Mother's Day Sunday at 7:30 -2- p.m. D. Father shall always have Father's Day, which shall be defined as the weekend from Friday at 5:00 p.m. (or earlier if Father is off work) to Father's Day Sunday at 7:30 p.m. E. Thanksgiving shall be shared between the parties. Segment "A' shall consist of Wednesday evening from 5:00 p.m. until Thanksgiving Day at 4:00 p.m. Segment `B" shall consist of Thanksgiving Day at 4:00 p.m. until Friday at 7:30 p.m. when the regular weekend schedule shall resume. Mother shall have Segment "A" of the Thanksgiving Holiday in even years and Father shall have Segment "B." This shall reverse for odd numbered years. F. Christmas shall be shared between the parties. Segment "A" shall consist of December 24th at 9:00 a.m, until December 25th at 1:00 p.m. Segment "B" shall be December 25th at 1:00 p.m. to December 26th at 6:00 p.m. The parties shall alternate these segments. Father shall have Segment "A" in even years and Mother shall have Segment "B." This shall reverse for odd numbered years. The holiday schedule as set forth above shall supersede all other provisions of this Order. IV, Va ns. Upon thirty days (30) written notice, each party shall have the right to take one (1) week of vacation during the year. Except as specified below, a vacation week shall be defined as seven (7) consecutive days and shall include Mother'siTather's custodial weekend, so as not to disrupt the alternating weekend schedule. V. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything, which may estrange the children from the other parry or injure the children's opinion ofthe parent or which may hamper the free and natural development ofthe children's love and respect for the other parent. VI. Location. The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children is in her or his custody. VII. Transportation. The parties shall share transportation with the parent commencing his or her period of custody picking up the children from the parent ending his or her custodial -3- rights VIII. Telephone Contact. The parents are entitled to speak with the children on their non- custodial days. The custodial parent shall make the children available for the other parent's call. The children are free to contact the other parent at all reasonable times. IX. Right of First Refusal. The parties agree that they shall provide each other with the right of first refusal to care for the children in the event the children is in his or her custodial care and they are away for a period of more than four (4) hours from the children. The parties shall cooperate in notifying each other and giving each other the opportunity to provide care ofthe children during these periods. The parties hereto acknowledge and agree that this Stipulation for Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. -4- SIGNED, SEALED AND DELIVERED IN T=PF: NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENINE J. KERR, V. JASON E. KERR, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2003-1600 : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Petition for Modification upon the following counsel of record, by United States Mail, addressed as follows: Jason E. Ken 4 Forgedale Drive Carlisle, PA 17015 Jennifer L. Spears, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (Counsel of Record for Defendant) Respectfully submitted, WOLF & WOLF By: Nath C. If, Esquire 10 W igh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Date: July 2009 Attorney for Plaintiff Plaintiff Defendant 3ILEP-- "F rv',.:. OF THE 2009 JUL 21 Pl 12: 5 9 $,70- ca pa AI-N ck* a.sq$ 2r* 2 asag4 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JENINE J. KERR, Plaintiff V. JASON E. KERR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2003-1600 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF NOW COMES the plaintiff, Jenine J. Kerr, by and through her counsel, Nathan C. Wolf, Esquire, and presents the following petition for special relief and in support thereof represents as follows: 1. Plaintiff is Jenine J. Kerr, an adult individual residing at 540 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013. (Hereinafter referred to as "Mother") 2. Defendant is Jason E. Kerr, an adult individual residing at 4 Forgedale Drive, Carlisle, Cumberland County, Pennsylvania, 17015. (Hereinafter referred to as "Father") 3. The parties are the natural parents of two minor children, namely: a. Austin E. Kerr, age 12, born August 12, 1996. b. Griffin M. Kerr, age 11, born April 24, 1998. 4. The parties are currently subject to a custody order entered by agreement on September 25, 2003, by the Honorable J. Wesley Oler, Jr. (A true and correct copy of said order is attached hereto as Exhibit A). 5. The Order provides for, inter alia, the parties to share legal and physical custody of the children. 6. On or about July 18, 2009, the children were transferred into Father's custody for their one week period, pursuant to the Order of Court. 7. That morning the children began communicating with Mother concerning their fear of their father's behavior, indicating that he had been physically rough and threatening in his "discipline" of the children. 8. In the past, the children related to Mother that their Father had thrown Austin against the wall, had punched and slapped Austin. 9. The children also related to their Mother that Father had been physically rough with Griffin but not to the same extent as Austin. 10. Father was verbally and emotionally abusive to both children for an extended period of time. 11. Over this most recent weekend, Mother received text messages from the children indicating that they feared for their safety and that if Mother did not retrieve them from their Father's custody that they would run away from his house. 12. Mother encouraged the children to remain in their Father's home until July 20, 2009, when they repeated their fear of their Father's behavior when he returned home from work. 13. Mother has attempted to be cooperative with Father in the past for fear he would take his frustrations out on the children while in Father's custody and because Father threatened to essentially put Mother in financial ruin. 14. Mother believes that the potential harm to the children now vastly outweighs the potential harm which could be inflicted upon her. 15. Mother likewise had not previously petitioned for modification because she was unaware of the extent of Father's behaviors until the children had recently begun to tell her precisely what was happening at Father's home. 16. Mother submits that the children have also begun to voice a strong preference to live in Mother's primary physical custody. 17. Presently, the children have indicated that they fear their Father to the extent that they do not wish to be in his custody out of concern for his potential treatment of them. 18. On July 20, 2009, the children again contacted Mother asking her to pick them up from Father's home. 19. In response to that communication, Mother contacted Father and informed him that she intended to pick up the children from his house, to which Father replied he did not object. 20. After Mother and Father spoke, Father contacted the children by telephone and informed them that if they chose to go with their Mother that he did not want the children back in his house and that they were essentially losing their Father because he did not wish to see them again. 21. On or about July 20, 2009, Mother filed a petition for modification with the Court seeking primary physical custody. 22. On or about July 22, 2009, Father contacted Mother and the children repeatedly indicating that he was going to resume custody immediately regardless of the children's fear of him and regardless of Mother's petition for custody. 23. As a result of Mother's fear for the safety of the children, Mother sought the assistance of the Carlisle Police Department, who indicated that without some affirmative criminal behavior on the part of Father, could not prevent Father from asserting his custody rights. 24. Mother was directed to communicate with Children and Youth Services at the direction of the Carlisle Police Department concerning the allegation of abuse, with which direction Mother complied. 25. Mother and the children were interviewed by Children and Youth Services who indicated that an investigation would be opened concerning the allegations. 26. At that time, Children and Youth Services indicated that because the children were in the custody of Mother that they could take no additional steps to prevent Father from reasserting his right to custody. 27. Following the interview of the children with Children and Youth Services, the children revealed to Mother that they had found a significant amount of marijuana and drug paraphernalia in Father's house and that they had taken photographs of the same with a cell phone camera. (True and correct copies of the photographs are attached hereto as Exhibits B, C, and D respectively.) 28. Mother, through counsel, advised the Pennsylvania State Police of the presence of drugs and paraphernalia in Father's residence and Troopers from the Pennsylvania State Police interviewed the children and Mother concerning the photographs and based upon evidence gathered, obtained a search warrant for Father's residence. 29. On or about July 22, 2009, State Police executed the warrant upon Father's residence and located the drug paraphernalia, the marijuana and what was characterized as a small "marijuana growing operation" in the residence. 30. The children had reported to their Mother that they had been able to detect the odor of marijuana on their Father's breath and on his person from time to time during the previous month. 31. The Pennsylvania State Police are preparing a criminal complaint to bring charges against Father for violations of "The Controlled Substance, Drug Device and Cosmetic Act" title 35 P.S. 780-113, et .req. 32. Charges have not yet been filed but should be forthcoming in the immediate future. 33. Mother is deeply concerned that Father may attempt to retaliate against the children for providing information which led to the criminal investigation. 34. Mother and counsel have verified that the State Police believe that they are without authority to prevent Father from contacting the children or attempting to assert custody rights. 35. Conciliation is scheduled in this case for Wednesday July 29, 2009 at 12:30 p.m. 36. In the interim, it is submitted that special relief is needed to ensure the safety of the children, as Father has continued to attempt to communicate with the children following the execution of the search warrant. 37. Mother submits that the children's best interests and permanent welfare would be best served by granting her primary physical custody. 38. Mother submits that Father should be required to subject himself to anger management counseling before having additional periods of unsupervised custody of the children. 39. In the event Father is willing to address the concerns raised herein, Mother is willing and ready to ensure that Father would, at that point, have regular contact and a strong relationship with the children, if relief is granted. 40. The prior judge assigned to this matter is the Honorable J. Wesley Oler, Jr. 41. Mother believes that the best interests of the children will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, plaintiff, Jenine J. Kerr, respectfully requests that the Court enter a temporary order granting physical custody of the children to the plaintiff and directing that Father shall have no contact with the children until after this matter can be heard by the Court via hearing or, at a minimum, until the conciliation conference can occur, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOZ&WW LF, Attorneys at Law Date: July/ , 2009 g 3r?? l than . Wolf, Esquire 10 W t High Street arlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. July k-, 2009 EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Stroet New Cumberland, PA 17070 (717) 774-1445 JENINE J. KERR, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY JASON E. KERB, Defendant : NO. 2003-01600 STIPULATION REGARDING CUSTODY THISAGREEMENT is made this /KO day oqaoMda?&,2003 by and between Jenine J. Kerr (hereinafter referred to as "Mother") and Jason E. Kerr (hereinafter referred to as "Father"). WUNESSETH WHEREAS, Mother and Father are the parents of two (2) children, being Austin E. Kerr, date of birth August 12, 1996 and Griffin M. Kerr, date of birth April 24, 1998; WHEREAS, Mother has filed a Complaint for Custody on April 7, 2003; WHEREAS, the parties had reached a stipulation for custody which was incorporated into an Order of Court dated May 14, 2003. A copy of said Order is attached hereto as Exhibit «A„ WHEREAS, the parties now desire to modify the prior arrangement which they had agreed to so as to provide to an alternating week arrangement with their children; -1- NOW THEREFORE, the parties intending to be legally bound, do agree as follows: I. Legal Custody. The parties agree to share legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. II. Physical Custody. The parties shall share physical custody on the following basis: A. Alternating Week. The parties shall alternate week of custody with their children. The exchange time shall be Friday after work at 5:00 p.m. The parties shall commence this schedule with Mother having the week commencing Friday, September 5, 2003. B. Evenigg Visitation. It is also agreed by the parties that the non-custodial parent shall have custody with the children for a three hour period on an evening that the parties will mutually decide each week, depending on the activities for that week. If no agreement can be reached, the period shall be Tuesday evenings. Said evening visitation period shall run from approximately 5:00 p.m. to 8:00 p.m. III. Holidays. The parties shall celebrate holidays as follows: A. In odd numbered years, Mother shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m. until 7:30 p.m. Father shall have these times in even numbered years. B. In odd numbered years, Father shall have Easter and July 0. Easter shall be defined as 9:00 a.m. until 7:30 p.m. July 4a` shall be defined as 5:00 p.m. on July 3rd until 7:30 p.m. on July 41h. Mother shall have these times in even numbered years. C. Mother shall always have Mother's Day, which shall be defined as the weekend from Friday after school before Mother's Day to Mother's Day Sunday at 7:30 -2- p.m. D. Father shall always have Father's Day, which shall be defined as the weekend from Friday at 5:00 p.m. (or earlier if Father is off work) to Father's Day Sunday at 7:30 p.m. E. Thanksgiving shall be shared between the parries. Segment "A' shall consist of Wednesday evening from 5:00 p.m. until Thanksgiving Day at 4:00 p.m. Segment `B" shall consist of Thanksgiving Day at 4:00 p.m. until Friday at 7:30 p.m. when the regular weekend schedule shall resume. Mother shall have Segment "A" of the Thanksgiving Holiday in even years and Father shall have Segment 'B." This shall reverse for odd numbered years. F. Christmas shall be shared between the parties. Segment "A' shall consist of December 2e at 9:00 a.m. until December 25th at 1:00 p.m. Segment "B" shall be December 25a' at 1:00 p.m. to December 26th at 6:00 p.m. The parties shall alternate these segments. Father shall have Segment "A" in even years and Mother shall have Segment "B." This shall reverse for odd numbered years. The holiday schedule as set forth above shall supersede all other provisions of this Order. IV. Vacations. Upon thirty days (30) written notice, each party shall have the right to take one (1) week of vacation during the year. Except as specified below, a vacation week shall be defined as seven (7) consecutive days and shall include Mother's/Father's custodial weekend, so as not to disrupt the alternating weekend schedule. V. P i e Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion of the parent or which may hamper the free and natural development of the children's love and respect for the other parent. VI. lAca ion. The residences, addresses and telephone numbers where the children may be reached shall at all tunes, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children is in her or his custody. VII. Transportation. The parties shall share transportation with the parent commencing his or her period of custody picking up the children from the parent ending his or her custodial -3- rights VIII. Telephone Contact. The parents are entitled to speak with the children on their non- custodial days. The custodial parent shall make the children available for the other parent's call. The children are free to contact the other parent at all reasonable times. IX. Right of First Refusal. The parties agree that they shall provide each other with the right of first refusal to care for the children in the event the children is in his or her custodial care and they are away for a period of more than four (4) hours from the children. The parties shall cooperate in notifying each other and giving each other the opportunity to provide care ofthe children during these periods. The parties hereto acknowledge and agree that this Stipulation for Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. -4- SIGNED, SEALED AND DELIVERED ;IN =PF: Leh 6 i 4 ??; x I?k tit- } g .. B t; E--A h; t. k F x R Ex hibpI+ X1:5 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENINE J. KERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2003-1600 JASON E. KERR, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Petition for Special Reliefupon the following the following parties, by United States Mail, addressed as follows: Jason E. Kerr 4 Forgedale Drive Carlisle, PA 17015 Jennifer L. Spears, Esquire Manson Law Offices 10 East High Street Carlisle, PA 17013 (Counsel of Record for Defendant) Respectfully WOLF &-V1 By:/ Nath C. Wtdf, Esquire 10 We igh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff Date: July ZS, 2009 2009 J; i;. $'70.00 p P ATI"y C'GLV` 0%5q4 w aas B&O JENiNE.i. KERR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-1600 CIVIL. ACTION LAW JASON E. KERR IN CUSTODY Dl?,k'tNt)AN I' ORDER OF COURT AN D NOW, Wednesday, July 22, 2009 , 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 Wednesday, August 05, 2009 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. A11 children agc 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john j. Mangan, _ jr. Es q. Custody Conciliator The Count 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 BEI_.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED-40?;=t ;E OF THE RRi ? ;? ?t?OTARy 2009 JUL 22 PM PE.•"Jl?i? a?L.?i?A?i'f? e JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON E. KERR, Defendant NO. 03-1600 CIVIL TERM ORDER OF COURT AND NOW, this 24`h day of July, 2009, upon consideration of Plaintiffs Petition for Special Relief, this matter is referred to the custody conciliation process for a conference already scheduled on July 29, 2009, pursuant to C.C.R.P. 1915.12-1. BY THE COURT, J /)Wesley Oler, J In J. Mangan, Esq. 17 West South Street Carlisle, PA 17013 Custody Conciliator than C. Wolf, Esq. vwa 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff ,,?7nnifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant Court Administrator :rc of THE ° I h ; I) T 2009 JUL 24 PM %3: i 7 CUB ?? ' , t? Zvi JENINE J. KERR, Plaintiff V. JASON E. KERR, Defendant Prior Judge: J. Wesley Oler, Jr., J I IN THE COURT OF COMMON ['LEAS tjF CUMBERLAND COUNTY, PE]?fNSYLVANIA No. 03-1600 CIVIL ACTION LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW this 1- day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. A conciliation conference is hereby scheduled with John J. Mangan, Esq. on August 17, 2009 at 1:00 pm at the Court of Common Pleas, Carlisle, PA 17013. 2. Legal Custodv: The Father, Jason Kerr, and the Mother, Jenine Kerr, shall have shared legal custody of Austin E. Kerr, born 08/12/1996 and Griffin M. Kerr, born 04/24/1.998. The parties shall have an equal right 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. Physical Custodv: Pending conciliation or further Order of Court, Mother shall have primary physical custody of the Children subject to Father's contact with the Children. as follows: a. Father's contact with the Children shall be limited to telephonic contract that may be supervised/monitored by Mother. b. Father shall have further contact/physical custody/visitation with of -the Children by mutual agreement of the parties. 4. This Order is entered pursuant to an agreement pending conciliation. 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. Distribution: .Nathan Wolf, Esquire Galen Waltz, Esquire ./John J. Mangan, Esquire eo «c . ?L .r JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-1600 CIVIL ACTION LAW JASON E. KERR, IN CUSTODY Defendant 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 Austin E. Kerr 08/12/1996 Primary Mother Griffin M. Kerr 04/24/1998 Primary Mother 2. A Conciliation Conference was supposed to be held July 29, 2009 and by agreement, has been continued until August 17, 2009. The Mother, Jenine Kerr, with her counsel, Nathan Wolf, Esq. The Father, Jason Kerr, with his counsel, Galen Waltz, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. g , Esquire Custody Conciliator !r-? is li E I t 9i ?l 'L AUG 2120094 JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-1600 CIVIL ACTION LAW JASON E. KERR, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J ORDER OF COURT AND NOW this day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 30 day of , 2009 at 9; 3(y am/pm in Courtroom numbNin the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the issue of Mother's request for relocation to Florida and the overall physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Jason Kerr, and the Mother, Jenine Kerr, shall have shared legal custody of Austin E. Kerr, born 08/12/1996 and Griffin M. Kerr, born 04/24/1998. The parties shall have an equal right 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. 4. Physical Custody: Pending agreement otherwise or further Order of Court, Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing 08/18/09, Father shall have custody of the Children every Monday and Tuesday from 5:00 pm until 9:00 pm. b. Commencing Friday 08/28/09, Father shall have custody on alternating weekends from Friday 5:00 pm until Sunday 6:00 pm. c. The non-custodial parent shall pick up the Children at agreed upon locations. d. Father shall have further contact/physical custody/visitation with of the Children by mutual agreement of the parties. U I 5. The non-custodial parent shall have telephone contact with the Children on a reasonable basis. Neither parent shall discuss inappropriate subjects or disparage the other parent when speaking with the Children. 6. Neither parent shall discuss litigation issues, civil or criminal, with the Children nor seek to influence the Children one way or another. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The assigned conciliator shall retain jurisdiction in this matter. In the event complications or legitimate concerns arise before the scheduled hearing date, either party, or their counsel, may contact the assigned conciliator to schedule a prompt conciliation conference in an attempt to resolve the issues. Additionally, in the event the parties feel that the scheduled hearing is not necessary or proper, the parties may contact the assigned conciliator for a conference. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control., stribution: /Nathan Wolf, Esquire G en Waltz, Esquire John J. Mangan, Esquire $ 2S??i By the Court, J HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1' Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Mother Father Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Father Mother Christmas 0 Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-1600 CIVIL ACTION LAW JASON E. KERR, IN CUSTODY Defendant 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 Austin E. Kerr 08/12/1996 Primary Mother Griffin M. Kerr 04/24/1998 Primary Mother 2. A Conciliation Conference was supposed to be held July 29, 2009 and by agreement, was continued and held on August 17, 2009. The Mother, Jenine Kerr, with her counsel, Nathan Wolf, Esq. The Father, Jason Kerr, with his counsel, Galen Waltz, Esq. Mother's position on custody is as follows: Mother desires primary custody of the Children and requests that Father have supervised contact with the Children. Mother indicates that she would feel comfortable with paternal grandmother to supervise. Mother requests that Father does not have any overnights with the Children at this point. Mother has concerns about Father's anger management and alleged drug use and criminal matters. Mother indicates that the Children do not want to visit with their Father and feel uncomfortable at his residence. Mother has concerns about the Children's well-being and safety at Father's residence. Mother also desires to move to Florida in the very near future with the Children. Mother's employment has offered her this opportunity. Mother had offered to split the cost of transportation between Florida and Pennsylvania with Father. Mother proposed a custody schedule for Father if he would be in agreement with her relocating with the Children. In regard to Father's request for a custody evaluation, Mother indicates that she will participate but is not able to financially share the cost. 4. Father's position on custody is as follows: Father requests a return to a shared custody schedule with week on/ week off basis with the Children. Father has not seen the Children in approximately five weeks. Father indicated that he is taking proactive steps to have a drug and alcohol evaluation scheduled and indicated that he will follow the recommendations. Father has some concerns about Mother's supervision/monitoring the Children. Father adamantly opposed Mother's request to move to Florida with the Children. Father indicated that the Children have extended family here in the area and are adjusted educationally and socially here. Father opposes any sort of supervision with the Children for himself. Father proposed a custody evaluation with the costs to be shared, which Mother indicated she would participate but not pay for. Father acknowledged that his relationship with the Children is a bit strained at this point, but that overall, he has a good relationship. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. ,2 ? Cam' J Date ll John gan, Esquire C ody onciliator OF Thy' ARY 2009 AUG 25 A 11: 20 ;/A ,s NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENINE J. KERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2003-1600 JASON E. KERR, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION FOR CONTINUANCE NOW comes the Plaintiff, by her attorney, Nathan C. Wolf, Esquire, and presents the following motion for continuance of the October 30, 2009 custody hearing, representing as follows: 1. The plaintiff is Jenine J. Kerr, an adult individual residing at 1019 Northfield Drive, Carlisle, PA 17013. 2. The defendant is Jason E. Kerr, an adult individual residing at 4 Forgedale Drive, Carlisle, PA 17015. 3. The parties are the natural parents of two minor children, namely Austin E. Kerr, age 13, born August 12, 1996 and Griffin M. Kerr, age 11, born April 24, 1998. 4. The plaintiff filed a petition for special relief on July 23, 2009, and a custody conciliation conference was held on August 17, 2009. From this conference, a temporary Custody Order was entered, and an Order was issued scheduling the case for a hearing before the Honorable Kevin A. Hess to occur on October 30, 2009 at 9:30 a.m. 5. Defendant is currently charged with violations of The Controlled Substance Device Drug and Cosmetic Act, and is scheduled for formal arraignment for December 3, 2009. 6. The outcome of the Defendant's criminal case may result in incarceration and thus, may have a substantial impact on the outcome of the instant custody action. Plaintiff and the children may be called upon as witnesses in the criminal action because, upon information and belief, it was the children who first made the discovery of illegal substances in the home of Defendant and reported said discovery to Plaintiff, who relayed this information to the police through her counsel. 8. Moreover, the interim current custody schedule has worked sufficiently, generally, to ensure the safety of the children is maintained pending the hearing in this matter. 9. Additionally, counsel for Plaintiff was directed to appear before President Judge Edgar B. Bayley at 9:30 a.m. on October 30, 2009 for a conference in chambers concerning another custody matter. 10. Counsel for Defendant, Galen R. Waltz, Esquire, has been contacted and to determine his concurrence in the relief requested by this motion, and no response had been received as of the time of the filing of the motion. WHEREFORE, Plaintiff, Jenine J. Kerr, respectfully requests that the Court issue an Order continuing the custody hearing currently scheduled for October 30, 2009 to a date after January 1, 2010, and maintaining the current temporary custody schedule pending said hearing or further Order of Court, along with any additional relief that the Court may deem appropriate and just. WOLF Dated: October -.&, 2009 By, Naga ` olf, Esquire 1Freme igh Street C A 17013 S ourt I. D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify I am counsel for Plaintiff and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. October -XV, 2009 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENINE J. KERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2003-1600 JASON E. KERR, CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of Plaintiffs Motion for Continuance upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Respectfully submitted, WOLF Dated: October?, 2009 N n 15/ Wolf, Esquire We igh Street C sle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff It L At w, f T I i !' R t f .? l 1? d ? t1 t'S T r • ?,• GL { 2 { tltl J' OCT 222ooy?y JENINE J. KERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2003-1600 JASON E. KERR, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW this day of , 2009, upon consideration of the attached Motion, it is hereby ordered that the custody hearing scheduled for October 30, 2009 at 9:30 a.m., be rescheduled to , 2909', at a.m. in Courtroom 4 of the Cumberland County Courthouse. Di tribu ion: than C. Wolf, Esquire For the Plaintiff alen R. Waltz, Esquire For the Defendant GOP I *ex ry0a t LL BY THE COURT: FILf:L. fl) i'i,E OF THE PROTHONOTARY 2009 OCT 28 AM 9: 50 V4JFYi?}r ,i i,, La'OL li I PENNXVANA JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1600 CIVIL JASON E. KERR, Defendant IN CUSTODY ORDER AND NOW, this 1-7- day of January, 2010, hearing in the above-captioned matter set for January 15, 2010, is continued to Wednesday, March 17, 2010, at 9:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. -'---Nathan C. Wolf, Esquire For the Plaintiff ? Samuel L. Andes, Esquire For the Defendant rlm Cn ? Cs mal L?'E BY THE COURT, Kevin . Hes;;, P. J. ,r A NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 170B (717) 241-4436 ATTORNEY FOR PLAINTIFF ICE OF THE ? ?(m upy 2010 MAR -4 PM 1:59 PE 11 1,%LVA V(A1 JENINE J. KERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2003-1600 JASON E. KERR, CIVIL ACTION - LAW Defendant IN CUSTODY MOTION FOR CONTINUANCE NOW comes the Plaintiff, by her attorney, Nathan C. Wolf, Esquire, and presents the following motion for continuance of the March 17, 2010 custody hearing, representing as follows: 1. The plaintiff is Jenine J. Kerr, an adult individual residing at 1019 Northfield Drive, Carlisle, PA 17013. 2. The defendant is Jason E. Kerr, an adult individual residing at 4 Forgedale Drive, Carlisle, PA 17015. 3. The parties are the natural parents of two minor children, namely Austin E. Kerr, age 13, born August 12, 1996 and Griffin M. Kerr, age 11, born April 24, 1998. 4. The plaintiff filed a petition for special relief on July 23, 2009, and a custody conciliation conference was held on August 17, 2009. From this conference, a temporary Custody Order was entered, and an Order was issued scheduling the case for a hearing before the Honorable Kevin A. Hess to occur on October 30, 2009 at 9:30 a.m. This hearing date was rescheduled by agreement due to scheduling conflicts, and then rescheduled again due to the change in Father's counsel. 5. Defendant is currently charged with violations of The Controlled Substance Device Drug and Cosmetic Act, and is scheduled for pre-trial conference for April 8, 2010. The outcome of the Defendant's criminal case may result in incarceration and thus, may have a substantial impact on the outcome of the instant custody action. Plaintiff and the children may be called upon as witnesses in the criminal action because, upon information and belief, it was the children who first made the discovery of illegal substances in the home of Defendant and reported said discovery to Plaintiff, who relayed this information to the police through her counsel. 8. Moreover, the interim current custody schedule has worked sufficiently, generally, to ensure the safety of the children is maintained pending the hearing in this matter. Mother submits that the children's best interests have been served while Father is awaiting trial on his charges but believes that the pending criminal proceedings represent an important factor in the Court's determination of custody of the children. 10. Counsel for Defendant, Samuel L. Andes, has been contacted and to seek concurrence in the relief requested by this motion, and Defendant's counsel indicated that he was opposed to the continuance. WHEREFORE, Plaintiff, Jenine J. Kerr, respectfully requests that the Court issue an Order continuing the custody hearing currently scheduled for March 17, 2010 to a date after April 8, 2010, and maintaining the current temporary custody schedule pending said hearing or further Order of Court, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: March 4, 2010 By: than C. sq e 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff I* VERIFICATION I, the undersigned, do hereby verify I am counsel for Plaintiff and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. March 4, 2010 N than C. Counsel for Plaintiff NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JENINE J. KERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2003-1600 JASON E. KERR, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of Plaintiff's Motion for Continuance upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Samuel L. Andes, Esquire 525 North 12`' Street P.O. Box 168 Lemoyne, PA 17043 Respectfully submitted, WOLF & WOLF Dated: March 4, 2010 By: than C. Wolf, ?u re 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1600 CIVIL JASON E. KERR, : Defendant IN CUSTODY ORDER AND NOW, this 12 ` day of March, 2010, at the request of counsel for the parties, hearing in the above-captioned matter set for March 17, 2010, is continued to Wednesday, June 2, 2010, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Nathan C. Wolf, Esquire For the Plaintiff ?el L. Andes, Esquire For the Defendant :rlm '?t S zma. tLc? n ^? <" cz) 71 - f7l BY THE COURT, JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 03-1600 CIVIL JASON E. KERR, Defendant IN CUSTODY ORDER AND NOW, this z.T4 day of March, 2010, hearing in the above-captioned matter set for June 2, 2010, is continued to Wednesday, June 16, 2010, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Nathan C. Wolf, Esquire For the Plaintiff ,,"Samuel L. Andes, Esquire For the Defendant Am e.. rL'V-.T eVlalljr?LL N_ r`? `00 ~ , !~~ T[ ~~~L, t r Y ~''r1 1Q(0 ~~ E 18 P~~ ~~ ~i CU+~°~< ~s , `_Iva~11Y' JENINE J. KERB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JASON E. KERB, Defendant TO PLAINTIFF NAMED HEREIN: DOCKET NO. 2003-1600 CIVIL ACTION -LAW IN CUSTODY NOTICE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: ~!~- f; C NCO Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 JENINE J. KERB, Plaintiff vs. JASON E. KERB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2003-1600 CIVIL ACTION -LAW IN CUSTODY ANSWER TO PLAINTIFF'S PETITION FOR CUSTODY EVALUATION AND NEW MATTER AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Petition for Custody Evaluation: 1 through 4. Admitted. 5. Admitted. 6. Denied as stated. Defendant was sentenced to a period of unsupervised probation at the time his plea was entered. 7. Admitted. However, since the time of the conciliation conference, the situation with the children and the parties have changed significantly and Father believes that a custody evaluation is no longer necessary and will not be beneficial. 8. Father does not know why Plaintiff refused to agree to the evaluation but admits that she did not agree to it. 9. Denied. Father believes that Mother opposed the valuation because she felt she was in a commanding position based upon the criminal charges then pending against Father. 10. Admitted. 11. Admitted. 12. Admitted. Byway of further answer, Father states that there were several reasons why he did not agree to a custody evaluation and incorporates herein, by reference, the averments set out in his New Matter. 13. Admitted. 14. Admitted. 15. Father admits that those maybe Mother's wishes, but denies that the evaluation will be beneficial to the court or the parties' children and incorporates herein, by reference, the averments set out in his New Matter. 16. Again, Father admits that those are Mother's wishes, but denies that a custody evaluation will be helpful in the resolution of this case. 17. Denied. The parties have exchanged proposals and demands regarding custody and have not, as yet, been able to resolve the matter by agreement. Father does not believe that a custody evaluation will change that. Father incorporates herein by reference the averments set out in his New Matter. 18. Denied. Father denies that a custody evaluation will be useful, beneficial, or is necessary in this case and incorporates herein, by reference, the averments set out in his New Matter. 19. Father admits that that may be Mother's request but states that an incomplete or abbreviated evaluation will be of little or no use to the court in resolving this matter and may, in fact, present an inaccurate or incomplete picture of the dynamics and issues in the case and with the parties. 20. Father admits that that is Mother's suggestion. He states, however, that having an evaluation done by that firm will almost certainly delay the resolution of the case beyond the date set for the hearing in July of 2010. 21. Admitted. 22. Admitted. WHEREFORE, Defendant prays this court to deny Plaintiff's Petition for a Custody Evaluation so the matter can proceed to a hearing scheduled in July of 2010. NEW MATTER Byway of further response to Plaintiff's Petition, Defendant states as follows: 23. Prior to Defendant's arrest for possession of marijuana, the parties and the children had all lived successfully with a shared custody arrangement in which both parents had substantially equal time with the children. 24. Although Defendant had marijuana in his home, he never consumed it in the presence of or with the knowledge of the children, never left the children know of its existence, and concealed it from them. 25. Following his arrest for possession of marijuana, Defendant has taken several serious steps to ameliorate the effect of his arrest on his possession of drugs. Those steps have included: A. He cooperated in the investigation by the Cumberland County Children & Youth agency to determine whether he was fit to have custody of his children. At the conclusion of that investigation, the agency took no action and, thereby, demonstrated its satisfaction with Father's performance as a parent. B. He completed a course of counseling regarding drug use and possession with a counselor recommended by Cumberland County Children & Youth. He completed that counseling program successfully and was advised he needed no further counseling or therapy. C. He has become involved with continuing counseling by Christine Piety, M.S. He and the children have continued in counseling with Ms. Piety for a period in excess of six months and have improved their parent-child relationship significantly as a result. 26. Although Father admits that his possession of marijuana was a violation of the law and is not something of which he is proud, his use of marijuana never interfered with his performance as a parent and never became between him and the children prior to his arrest. Since the time of his arrest, he has done everything within his power to demonstrate to the children that his possession of drugs was improper and to correct any confusion or other problem on the part of the children caused by their learning of his use and possession of marijuana. 27. Father believes that there is no reason for the parties not to return to the shared custody arrangement they enjoyed prior to his arrest for possession of marijuana. He believes that the sooner that status is reinstated, the better it will be for the children. 28. He has exhausted his funds in litigating this case and defending himself from the criminal charges. Father estimates he has spent more than $15,000.00 as a result of these matters. He no longer has the funds to afford to pay for a custody evaluation. 29. Father does not believe that an adequate custody evaluation can be concluded in two months. He fears that an order requiring a custody evaluation will unnecessarily delay the hearing now scheduled for July and continue to deprive him of the custody of his children. 30. In the event that the court, after hearing testimony from the parties and interviewing the children, believes that a custody evaluation is necessary, the court can order an evaluation following the hearing now scheduled for July 2010. In that way, the hearing will not be delayed and it is likely, at least in Father's opinion, that the parties and the children will be spared the expense and intrusion of a custody evaluation. WHEREFORE, Defendant prays this court to deny Plaintiff's Petition for a Custody Evaluation and allow this matter to proceed to the hearing scheduled for July 2010. uel L. Andes, Esquire Attorney for Defendant Supreme Court ID # 17225 525 North 12~' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: `~~~5~/b ~ ~ ,~,,,~ ASON E. KERB JENINE J. KERR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENN! VAii iA .1 7r- v. DOCKET NO. 2003-1600 JASON E. KERR, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this /7 day of Fy 2011, by and between JASON E. KERR (hereinafter referred to as "Father") and JENINE J. KE RR (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of two minor children, namely, Austin E. Kerr, age 13, born August 12, 1996 and Griffin M. Kerr, age 12, born April 24, 1998; and, WHEREAS, the parties entered into a custody agreement on or about June 15, 2010 relative to custody of their children, which was incorporated into an Order of Court signed by the Honorable Kevin A. Hess, P .J. dated June 23, 2010; WHEREAS, the parties wish to enter into an agreement which modifies the terms of the previous agreement without the need for litigation; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall retain shared legal custody of the children. 2. Effective March 18, 2011, the Mother shall have primary physical custody of Griffin. M. Kerr. 3. Father shall continue to enjoy periods of partial physical custody of the children from time to time as the parties may agree. 4. The custodial parent shall ensure that the non-custodial parent has reasonable access to the children by telephone. 5. Mother stipulates and agrees that she will not seek the entry of an Order for support from Father. 6. This agreement is entered into with knowledge that Mother is residing in Mt. Pleasant, South Carolina and will continue to reside there with the children. 7. The remaining terms and provisions of the previous agreement shall remain unchanged. 8. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 9. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. 10. The parties desire that this agreement be made an Order of Court through the Cour: of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth and request that the Court enter an Order adopting the foregoing provisions. WITNESSETH: i ' /l 7 JE J. KERR A'J (SEAL) J ON E. KERR y JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY144AW cp V. : DOCKET NO. 2003-1600 !*i? = m',!1 JASON E. KERR, CIVIL ACTION - LAW .<> w ©t? Defendant IN CUSTODY f-= =0 s 0..? c? = Z" o? A ORDER OF COURT n 4 P0 AND NOW this 23"o day of March, 2011, upon consideration of the attached stipulation and agreement, the provisions thereof are hereby made an Order of Court. BY THE COURT: KEVI A. HESS, P. J. ,,Distribution: Nathan C. Wolf, Esq=c For the Plaintiff Samuel L. Andes, squire I( For the Defendant' QvL FILEV_OFFICE C3t 1'HE PROT'HOPiOTARY 2011 NOY 10 PM 2: 02 GUMBERLAND COtlNTY ; PENNSYLYANIA ~ I. JENINE J. KERR, ) IN THE COURT OF CONIMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA i ) vs. ) CIVIL ACTION - LAW ) ) NO. 2003-1600 JASON E. KERR, ) Defendant ) IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes Jason E. Kerr, the Defendant in the above matter, and petitions the court for emergency relief, based upon the following: 1. The Petitioner herein is the Defendant. 2. The Respondent herein is the Plaintiff. 3. Although the Plaintiff/Mother currently resides in South Carolina, she continues to be represented by Nathan C. Wolf, Esquire, who has represented her throughout these proceedings. 4. The parties are the parents of two minor children, Austin E. Kerr, now age 15, born 12 August 1986 and Griffin M. Kerr, now age 13, born 24 April 1998. 5. Pursuant to a Stipulation and Agreement signed by the parties in March of 2011, and subsequently entered as an order by this court in the above-captioned matter, a copy of which Agreement is attached hereto, the parties share legal custody of both children, Mother has ' prirnary custody of both children, and DefendantlFather is to have continued periods of partial physical custody as the parties may agree. 6. Father has been unable to contact the children for several months. He has only been able to communicate with Mother by threatening to have the appropriate welfare authorities investigate the custodial arrangements for the children. 70 • 00 feyll,'f 9-3926 71,P0 I i ~ I WHEREFORE, Defendant prays this court to schedule a hearing on this Petition and ~ ~ to compel Plaintiff, after such hearing, to fully disclose the whereabouts of the children and all details of their education, their care, and their personal warfare and, after such hearing, to adjudge the Plaintiff in contempt of this court's most recent order and impose such sanctions and take such actions as may be necessary to assure Plaintiff's future compliance with the agreement of the parties and the orders of this court. I I S el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 ~ , i I I I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penaldes of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: /l LJM::~ if ASON E. KERR ~ i CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the ~ Plaintiff herein by regular mail, postage prepaid, addressed as follows: I Nathan C. Wolf, Esquire 10 East High Street Carlisle, PA 17013 Date: 10 November 2011 ~j It . kAb AIO--~ Y- - - y arkins cretary for Samuel L. Andes ~ ~ I i~ ~ ~i il I T ~ i , ~i ; ~ I ~ ~ ;i i i EXHIBIT A i I I , I ( ]ENINE J. KERR, ' : IN.THE COURT OF COMMON P EAS OF Plaintiff : CUMBERLAND COUNTY, PE1VN YLVANIA . ; v. : DOCKET NO. 2003-1600 ~ • JASON E. KERR, CIVIL ACTION - LAW ~ . Defendant : IN CUSTODY i ~ . i ~ ORDER OF COURT ~ ; AND NOW rhis day of March, 2011, upon consideration of the attacheo stipulation and. agreement, the provisions thercof are hcrcby madc an UrdeL of Coutt. i BY THE COURT: . - i . I " KEVIN A. HESS, P. . ~ ~ Distribudon: ; Ivathan C. Wr'olf, Esquixc For the Plaintiff ~ Samuel L. :lndcs, Esquuc For thc Dcfcndant i ; ~ . ~ I ' i i I { ~ ~ j i ~ ~ ' i i ~ i j I i ~ j f ~ i i i znn...n..l..~. v_m:r.rloTT7 :n~lnnn9~T~ v.~.• zr.nn r~r.........rT - - i i . i i I I JENINE J. BERR, : IN THE COURT OF COMMON P -OF - Plaintiff : CUMBERLAND COUNTY, PENN VANIA I v. : DOCSE'Z' NO. 2043-1600 i ~ . • j . JASON E. KERR, : CIVIL ACTION - LAW ~ Defendant : IN CUSTODY ~ i - , STIPUL.4TION AND ..AGAEEMENT ! , THIS STIPULATION AND AGREEMENT entered-into this day ~f 2011, by and between JASON E. KERR (hereinaftet referred to as "Father") and JEl~TINE J. KERR • I (hereinaftez referred to as "Mothcz"). ; ~ I ~ NOW THIS AGREEMENT WITNESSETH THAT: ~ ; ~ WHEREAS, the F4ther znd Mother are the prrencs of two minor children, na~nely, Ausdn E. Kerr, age 13, born August 12, 199.6 and Griffin M. Kerr, age 12, born April 24,.1998; a~d, • ~ . . , WHEREAS, tFie parties entered into a custody agreemenc on or about Juue i S~ 2010 relative to I~ custody of theit children, which aras incotporated into an Order of Court signed by ihd Honorable . Kevin A. Hess, P,J. clated Junc 23, 2010; ~ i i WHEREAS, the plzties wish to enter uito an agreeinent which modifies the te~ms of the - previous agreement without the need for litigation; and; ' i NOW, THEREFORE, in considetation of the mutual covenants, proxnises ar~d zgxeements as hereinafter set fortla and intending to bc icgally bound, the partiea hexeto agree as folloN~s: i 1. The paraes shall retain shared legal custody of the childxen. ~ ~ I 2. I:ffecciv e March 18, 2011, the Mother shall have primary pb-ysical custoc}y of Griffir N1. Kerr. ~ ; . i I i ; ~ i ; i , ...__,s ....,._..~r_.. i - - ~ ~ I ~ ~ 3. Father shal! continue to enjop peiiods of partial physical custody of thelchildren fronz , dime to time as the pasties may agxee. ~ I. i 4. The custodial puent shall ensuxe that the non-custodial parent has reasonable access to I the childten by 'telephone. ( ~ 5. Mocher sdptilates and agrees t}iat she will not seek the entry• of an Ord~r for support from 1-'acher. ~ ~ . I . i 6. This agteement is e.ntrxed into with knowledge that Mother is resicliug ~Ci Mt Pleasarit, ~ r South Car.otina and will continue to reside there with the c.hildren. I i . ; T The remaining terms and piovisions of the previous agreement shall re" unchanged. . 8. The parties agree rhat in rnaking this agreement there has been no frau~, concealmerit, oveueaching, coercion or other unfair dealing oii the part of the orher. j 9. - In the event of the breach of the agreement of the paxties by any party, ithe nonbreaching party shall have the right to file a perition for contempt olf court and to ' seek specific perfoxmance of the texms of the agreement of the paraes. i i 10. The paLUes desire that this agrcement be made an Order, of Coutt thro~gh the Coun. of Cotrunon Pleas of Cumberland Counry, PennsFlvania. i . ~ i IN WITNESS WHEREOF, the parties hereto, iutenciing to be legalFy boundjby the tesms , . hereof, set forth theu hands anci seals the day and },eac hetein set forth and request thai the Court enter ~ an Order adopting thc foregoi.ng provisions. I i I WITNESSETH: ~ i ~ - ~E r. KERR ~ ; ~ r' I . ~ , ~SEAL) ASON E. KERR ! ~ . ~ I j I . . i i i I ~nni~nnfi~ V-UI.IO.I18TJa bR7.9A97.LiL XVA iy T:Rn T7n7iinirr KERR JENINE J IN THE COURT OF COMMON PLEAS OF . PENNSYLVANQ CUMBERLAND COUNTY ' PLAINTIFF , 2003-1600 CIVIL ACTION LAW r C' JASON E. KERB CD :X o -v r-? 7 a IN CUSTODY , c.. ( . "' DEFENDANT cn ORDER OF COURT AND NOW, Tuesday, March 13, 2012 , 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 Friday, April 20, 2012 ` 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. 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 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 . dwr ?eorftj 008 Yo d ?° AW ns q,ry 0471 v4 /c° - 6 ncr'//'-*k ? JENINE J. KERR, Plaintiff V. JASON E. KERR, Defendant Prior Judge: Kevin A. Hess, P.J. J. Wesley Oler, Jr., J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1600 CIVIL ACTION LAW IN CUSTODY ` _ ORDER OF COURT AND NOW this day of March 2012, upon consideration of the attached Custody Conciliation Report, it is dered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. lO 2. This Order is entered pursiant to a Custody Conciliation Conference. A Custody Hearing is /- hereby scheduled on the ? day of June 2012 at 0 am/W in Courtroom number's (o in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the issue of which parent should have primary custody of the Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Jason Kerr, and the Mother, Jenine Kerr, shall have shared legal custody of Austin E. Kerr, born 08/12/1996 and Griffin M. Kerr, born 04/24/1998. The parties shall have an equal right 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. 4. Physical Custody: Pending agreement otherwise or further Order of Court, Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have partial custody of the Children as the parties may agree. 5. The non-custodial parent shall have telephone/text/email/Skype contact with the Children on a reasonable basis. Neither parent shall discuss inappropriate subjects or disparage the other parent when speaking with the Children. 6. Mother has requested, and the Father shall have be done, an evaluation of Father to ascertain whether he is a risk of harm to the Children pursuant to the terms of 23 P.A.C.S. § 5329. 7. Mother shall either email or text Father one time per week regarding the Children's welfare. 8. Mother shall sign releases for all providers of mental health/medical/drug rehabilitation/counseling etc. for both Children so that Father may have access to said records. 9. Neither parent shall discuss litigation issues, civil or criminal, with the Children nor seek to influence the Children one way or another. 10. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 12. In the event of a medical or mental health emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. The assigned conciliator shall retain jurisdiction in this matter. In the event complications or legitimate concerns arise before the scheduled hearing date, either party, or their counsel, may contact the assigned conciliator to schedule a prompt conciliation conference in an attempt to resolve the issues. Additionally, in the event the parties feel that the scheduled hearing is not necessary or proper, the parties may contact the assigned conciliator for a conference. 15. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 16. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. VINVAUSNN3d /\innca GNV1838wn 8 :I Nd +11 d 0l By the Co , 1-4 4`.)-fly 3iA m'asA. Piney Aeas Judge Common PI Distribution: ?Nathan Wolf, Esquire ? Samuel Andes, Esquire John J. Mangan, Esquire ?o ,es ma Jed 311gll;? 41 JENINE J. KERR, Plaintiff V. JASON E. KERR, Defendant Prior Judges: Kevin A. Hess, P.J. J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1600 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 Austin E. Kerr 08/12/1996 Primary Mother Griffin M. Kerr 04/24/1998 Primary Mother 2. A Conciliation Conference was supposed to be held July 29, 2009 and by agreement, was continued and held on August 17, 2009. Orders issued August 04, 2009 and also on August 24, 2009. A stipulated Order was issued June 23, 2010. A stipulation and agreement was signed by the parties in March 2011 whereby Mother had primary custody of both Children with Father to have partial custody as the parties may agree. Father filed a petition for emergency relief and a conference was held February 10, 2012 with the following in attendance: The Mother, Jenine Kerr, by phone, with her counsel, Nathan Wolf, Esq. The Father, Jason Kerr, with his counsel, Samuel Andes, Esq. 3. Mother's position on custody is as follows: Mother desires to have continued primary custody of the Children. Mother currently resides in South Carolina. Austin apparently has some issues regarding addiction to opiates (there is a dispute whether the addiction is/was to prescription pills or heroin). Mother sent Austin to in-patient rehab in Minnesota in October 2011 and then was discharged to a half-way house in Montana where it is anticipated that he'll remain there until June 2012. There is also some indication that Griffin has anger/MH issues that included a brief in-patient period. Mother indicates that Griffin's grades have improved, he is on the honor roll and that he is currently in counseling. Mother alleges that Father may still be using marijuana and this may negatively impact Austin's recovery. Mother alleges that Father has a PWID conviction and requests that Father undergo an evaluation to ascertain whether he poses a risk of harm to the Children. Additionally, Mother did not think that the custody conference was going to be necessary so she did not personally appear. Mother indicates that the reason she has not kept Father fully informed in regard to the Children's welfare is that she was advised by the Children's treating professionals that to do so would not be in the Children's best interest. 4. Father's position on custody is as follows: Father desires a change in custody whereby he would have primary custody of both Children. Father is extremely upset that he was not informed about Austin being committed to in-patient rehab until well after the fact. Father is further upset that he was not informed about the severity of Griffin's mental health until right before the conference on 2/10/12. Father has concerns about the Children's education and that the Children have missed quite a bit of school. Father requests any and all drug related/medical/mental health records for both Children for the past year. Father asserts that he is not being informed about the welfare of his Children. Father would like it noted that Mother had ample notice of the custody conference and that Mother did not provide a reasonable explanation for not being personally present. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John an an, Esquire Cust y C nciliator ?/? ?I- ED-0 i= ICE 2012 MAY 16 PM 4: 16 CUMBERLAND COUNTY PENNSYLVANIA JENINE J. KERR, Plaintiff VS. JASON E. KERR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-1600 IN CUSTODY ORDER OF COURT AND NOW this h day of 4n el -1i , 2012, it appearing that: 1. The Defendant Jason E. Kerr will wit 4w his pending petitions, the hearing scheduled before the undersigned for June 6, 2012 is hereby cancelled. 2. The Plaintiff is directed to simply comply with the requirements of Pennsylvania law regarding the legal custody of the two children who are the subject of this order and to promptly share with Defendant any and all information she receives regarding the health care and education of the said children and, specifically, either child's treatment for any psychological or addictive substance disorders, as well as information regarding all other matters of significance in the children's lives. 3. Pending further order of this court, this court retains jurisdiction of the matter for purposes of future modification or enforcement of our prior orders. B Distribution: Thoma? A. Placey J. Common Pleas Judge ? Nathan C. Wolf, Esquire _ (Attorney for Plaintiff) 10 West High Street, Carlisle, PA 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12t' Street, P.O. Box 168, Lemoyne, PA 17043 n' nn n-r r pull 0 C : a 1 ..tljd??rz} . " JENINE J. KERR, Plaintiff VS. JASON E. KERB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2003-1600 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PETITION TO MODIFY AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to modify its prior order of custody in this matter, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. Plaintiff and Defendant are the parents of two minor children, Austin E. Kerr, born 12 August 1996 and Griffin M. Kerr, born 24 April 1998. Those children are currently the subject of an order of this court entered on 14 March 2012, a copy of which is attached hereto and marked as EXHIBIT A. 3. Since the entry of that order, circumstances involving the children and the parties have changed significantly. Those changes include: A. In late July of 2012, both children came to live with Defendant and have lived with him since that time. B. The children have been enrolled in school here in Carlisle and have done well in school and in their lives in general. C. The children have expressed a strong desire to continue to reside with Defendant and have complained bitterly about conduct of the Plaintiff and her live in boyfriend toward them. 4. Defendant has recruited the assistance of his mother, Rose Kerr, who resides at 815 Gobin Drive in Carlisle, Pennsylvania, to assist him with custody of the children. Plaintiff ane,*se74 R* ;28203 0 Defendant agreed to appoint her guardian of the children so that the children could spend several days a week at her home and attend schools in the Carlisle School District where Ms. Kerr resides. 5. As a result of the above, the present custody order is no longer appropriate and Plaintiff re 1 uests this court to modify the order to grant him and his mother, Rose Kerr, primary legal and physical custody of both children. 6. Defendant requests this court to add Rose Kerr as a party to this action because the children spend substantial time with her. Defendant has had Rose Kerr verify this Petition to express her desire to be listed as a party and awarded custody of the children jointly wi - Defendant. 7. The last order in this case was entered by the Honorable Thomas A. Placey. WHEREFORE, Defendant prays this court to modify the custody order to award primary legal custody of the children to him and primary physical custody of both children to him and his mother, Rose Kerr. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Q&Zv zot l,, oft J ON E. KERR JOINDER The undersigned Rose Kerr, hereby joins in the relief requseted by her son, Jason Kerr in the attached Petition and requests this court to award her shared legal custody, along with her son, of the two children who are the subject of the Petition, Austin E. Kerr and Griffin M. Kerr. A-?CL.Op RO KERR I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). Date: R SE KERR E-?IIBI JENINE J. KERR, Plaintiff V. JASON E. KERR, Defendant Prior Judge: Kevin A. Hess, P.J. J. Wesley Oler, Jr., J cIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1600 CIVIL ACTION LAW IN CUSTODY t _ ORDER OF COURT AND NOW this - day of March 2012, upon consideration of the attached Custody Conciliation Report, it is dered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pur ant to- a Custody Conciliation Conference. A Custody Hearing is / hereby scheduled on the 'I'w day of June 2012 at f.`,30 am/W in Courtroom number4 (O and shall proceed initially with testimony. Counsel for each party shall file with the Court and 3. Legal Custody: The Father, Jason Kerr, and the Mother, Jenine Kerr, shall have shared legal custody of Austin E. Kerr, born 08/12/1996 and Griffin M. Kerr, born 04/24/1998. The parties shall have an equal right 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. in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the issue of which parent should have primary custody of the Children. For purposes of this hearing, the Mother shall be deemed to be the moving party opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 4. Physicgl Custody: Pending agreement otherwise or further Order of Court, Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have partial custody of the Children as the parties may agree. 5. The non-custodial parent shall have telephoneltext/email/Skype contact with the Children on a reasonable basis. Neither parent shall discuss inappropriate subjects or disparage the other parent when speaking with the Children. 6. Mother has requested, and the Father shall have be done, an evaluation of Father to ascertain whether he is a risk of harm to the Children pursuant to the terms of 23 P.A.C.S. § 5329. 7. Mother shall either email or text Father one time per week regarding the Children's welfare. Mother shall sign releases for all providers of mental health/medical/drug rehabilitation/counseling etc. for both Children so that Father may have access to said records. 9. Neither parent shall discuss litigation issues, civil or criminal, with the Children nor seek to influence the Children one way or another. 10. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 12. In the event of a medical or mental health emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. The assigned conciliator shall retain jurisdiction in this matter. In the event complications or legitimate concerns arise before the scheduled hearing date, either party, or their counsel, may contact the assigned conciliator to schedule a prompt conciliation conference in an attempt to resolve the issues. Additionally, in the event the parties feel that the scheduled hearing is not necessary or proper, the parties may contact the assigned conciliator for a conference. 15. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 16. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of tth4Q Al9&Mtrol. TRUE COPY FROM RECOI6NO03 ONVIU39wo In Testimony whereof, I hate unto set mtp?nQ Wd V u By the CO , at P 5 1 r1 and the seal of said Court TWO _,6L day of Thomas A. Place dge r-r%r,nrnnn Pleas Distribution: Nathan Wolf, Esquire Samuel Andes, Esquire John J. Mangan, Esquire JENINE J. KERB, Plaintiff V. JASON E. KERR, Defendant Prior Judges: Kevin A. Hess, P.J. J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1600 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 Austin E. Kerr 08/12/1996 Primary Mother Griffin M. Kerr 04/24/1998 Primary Mother 2. A Conciliation Conference was supposed to be held July 29, 2009 and by agreement, was continued and held on August 17, 2009. Orders issued August 04, 2009 and also on August 24, 2009. A stipulated Order was issued June 23, 2010. A stipulation and agreement was signed by the parties in. March 2011 whereby Mother had primary custody of both Children with Father to have partial custody as the parties may. agree. Father filed a petition for emergency relief and a conference was held February 10, 2012 with the following in attendance: The Mother, Jenine Kerr, by phone, with her counsel, Nathan Wolf, Esq. The Father, Jason Kerr, with his counsel, Samuel Andes, Esq. 3. Mother's position on custody is as follows: Mother desires to have continued primary custody of the Children. Mother currently resides in South Carolina. Austin apparently has some issues regarding addiction to opiates (there is a dispute whether the addiction is/was to prescription pills or heroin). Mother sent Austin to in-patient rehab in Minnesota in October 2011 and then was discharged to a half-way house in Montana where it is anticipated that he'll remain there until June 2012. There is also some indication that Griffin has anger/MH issues that included a brief in-patient period. Mother indicates that Griffin's grades have improved, he is on the honor roll and that he is currently in counseling. Mother alleges that Father may still be using marijuana and this may negatively impact Austin's recovery. Mother alleges that Father has a PWID conviction and requests that Father undergo an evaluation to ascertain whether he poses a risk of harm to the Children. Additionally, Mother did not think that the custody conference was going to be necessary so she did not personally appear. Mother indicates that the reason she has not kept Father fully informed in regard to the Children's welfare is that she was advised by the Children's treating professionals that to do so would not be in the Children's best interest. 4. Father's position on custody is as follows: Father desires a change in custody whereby he would have primary custody of both Children. Father is extremely upset that he was not informed about Austin being committed to in-patient rehab until well after the fact. Father is further upset that he was not informed about the severity of Griffin's mental health until right before the conference on 2/10/12. Father has concerns about the Children's education and that the Children have missed quite a bit of school. Father requests any and all drug related/medical/mental health records for both Children for the past year. Father asserts that he is not being informed about the welfare of his Children. Father would like it noted that Mother had ample notice of the custody conference and that Mother did not provide a reasonable explanation for not being personally present. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belie t this would be in the Children's best interest. It is expected that the Hearing will require Q!5 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date G John Y/KlanXan, Esquire Cust y C nciliator JENINE J. KERR IN THE COURT OF COP/IMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL~'A am -~- c' '' , ~~ 2003-1600 C[VIL ACTION LAW --+ N --a,.,., ~+-;+~ ~` ~ N " -.- JASON E. KERR ~`~ -fl ~ ~ ~ IN CUSTODY ~ --c --~ ORDER OF COURT AND NO~w. __ Friday, October i9, 2012___ __, upon consideration of the attached C ompla int, 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 Tuesday, November 27, 2012 at 1:30 PM __ __..-..__ -__.. _.-----------Y-- ------- ----- ----------~-_ _... - - -------- for aPre-Hearing Custody Conference. At such conference, an effoYrt will be made to resolve the issues in dispute; or if this cannot he 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 hc-urs prior to scheduled hearing. FOR. ~'HE COURT. ~y ~ - isl _ --- - -,john . Mangy ~r. Esp.-~---- Custody Conciliator The Court of Common Pleas of Cumberland County is required by iaw to comply with the Americans with Disabrlites Act of 190. 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 atl.end the scheduled conference or hearing. Y"OU SHOULD TAKE' THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, C;O TO OR TELEPHONE THF, OFF[CF~ SET FORTH BELOW TO F[ND OUT WHERE YOU CAN GET LEC'~AL HELP. ('umberland County I3a~.r Association 3? South E3edford Street Carlisle, Pennsylvania 1 7013 ~h ~C'S~ f a Telephone (7l 7) 249-3166 ,3 ,~j~,ry,U2 L ~ O - ~~a ~ ~YJan a n. ~s~ Sohn `,~ C'oP~ PS ,~a~ ~P~ /%~l/~ ~-k \_~ JENINE J. KERR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03-1600 CIVIL ACTION LAW JASON E. KERR, IN CU STODY Defendant Prior Judge: Kevin A. Hess, P.J. J. Wesley Oler, Jr., J. Thomas A. Placey, J. ORDER OF COURT AND NOW this ~ day of December 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Jason Kerr, and the Mother, Jenine Kerr, shall have shared legal custody of Austin E. Kerr, born 08/12/1996 and Griffin M. Kerr, born 04/24/1998. The parties shall have an equal right 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. 3. Physical Custody: Pending agreement otherwise or further Order of Court, Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. Mother shall have partial physical custody of the Children as the parties may agree. Each parent shall give due consideration to the Children's wishes/requests to spend custodial time with either parent. 4. The Children shall remain in their current school district, Carlisle School District, absent further Order of Court. The non-custodial parent shall have telephone/text/email/Skype contact with the Children on a reasonable basis. Neither parent shall discuss inappropriate subjects or disparage the other parent when speaking with the Children. 6. Counseling: The parents and the Children are strongly encouraged to engage in re-unification counseling between Mother and Children or appropriate therapeutic family counseling with a qualified professional. Mother has agreed to initiate and investigate whether said counseling is feasible or practical. The cost of counseling, after appropriate payment through insurance, shall be split between the parties. 7. Father shall either email or text Mother one time per week regarding the Children's welfare. Each parent shall sign releases for all providers of mental health/medical/drug rehabilitation/counseling etc. for both Children so that each parent may have access to said records. 9. Neither parent shall discuss litigation issues, civil or criminal, with the Children nor seek to influence the Children one way or another. 10. Holidays and Vacation: The parents shall arrange the holiday and vacation schedule as mutually agreed upon. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 12. In the event of a medical or mental health emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of anon-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 15. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Distribution: ~ Karl Rominger, Esquire Samuel Andes, Esquire 'John J. Mangan, Esquire Copes ~,'lcd ia~,~~a Common PI y . S ~UCI J• ~ .rT om ~ .T =~~, =- -m ~ ~., e-~ - _ ~, ~..., ~ cn r ~:.~ ~--; ~ x-- ca _~ `~ ' ~" ::~ ~. ~~. R, -, ._ r~ ~~~ ~- ~• JENINE J. KERB, Plaintiff v. JASON E. KERR, Defendant Prior Judges: Kevin A. Hess, P.J. J. Wesley Oler, Jr., J. Thomas A. Placey, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1600 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: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Austin E. Kerr 08/12/1996 Primary Father Griffin M. Kerr 04/24/1998 Primary Father 2. A Conciliation Conference was supposed to be held July 29, 2009 and by agreement, was continued and held on August 17, 2009. Orders issued August 04, 2009 and also on August 24, 2009. A stipulated Order was issued June 23, 2010. A stipulation and agreement was signed by the parties in March 2011 whereby Mother had primary custody of both Children with Father to have partial custody as the parties may agree. Father filed a petition for emergency relief and a conference was held February 10, 2012, an Order issued March 14, 2012 and a conference was held November 27, 2012 with the following in attendance: The Mother, Jenine Kerr, by phone, with her counsel, Karl Rominger, Esq. The Father, Jason Kerr, with his counsel, Samuel Andes, Esq. 3. Mother moved to Maine and the boys are currently in the primary custody of Father. Father reports that the boys are doing well and adjusting to living with him. Father reports that the Children are doing well academically. Father has concerns about Mother's paramour and indicates that at this point in time, the boys do not want to have much contact with Mother. Mother still has significant concerns in regard to Father's ability to care for the Children and has concerns about Father's past conviction. Mother has on-going concerns in regard to the Children and Father refraining from illegal substances and the possibility of relapse. Mother has agreed that some sort of re-unification /therapeutic family counseling may be helpful. Mother has agreed to see how the Children do in Father's primary care. The parties have agreed to, and the undersigned recommends, the entry of an Order in the form as attached. Date John J. an, Esquire Cust dy nciliator