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HomeMy WebLinkAbout03-3567 PAMELA S. KREBS, Plaintiff vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYL VANIA ) ) CIVIL ACTION - F AMIL Y DIVISION 1 NO.: 0.3 -.3S~7 Ct.U~C'-T~ JOHN R. KREBS, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Pamela S. Krebs, an adult individual, currently residing at 5328 Oxford Circle, Apartment #34, Mechanicsburg, PA 17055. 2. The Defendant is John R. Krebs, an adult individual, currently residing at 908 Spring Circle, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff seeks primary physical custody of the following children: Name Present Residence Age David W. Krebs 5328 Oxford Circle, Apt.34 Mechanicsburg, P A 17055 4 years old Leah S. Krebs 5328 Oxford Circle, Apt.34 Mechanicsburg, P A 17055 2 years old The children were born during the marriage. The children are presently in the custody of Plaintiff. 4. Since birth the children have resided with the following persons and at the following addresses: Name Address Dates Pamela and John Krebs 908 Spring Circle Mechanicsburg, P A 17050 Birth to July 20, 2003 Pamela Krebs 5328 Oxford Circle, Apt.34 Mechanicsburg, P A 17055 July 21,2003 to present 5. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship David W. Krebs son Leah S. Krebs daughter 6. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: Name Relationship None. 7. Plaintiff has not participated as a party or witness or in any other capacity or litigation concerning the children in any other Court of this Commonwealth. 8. Plaintiff has no information of any custody proceeding concerning the children pending in any other Court of this Commonwealth other than that filed to this term and number. 9. Plaintiff does not know of any other person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother has been the primary caregiver of the minor children since their respective births. b. Mother's flexible part-time work schedule allows her to be more available to the children and their respective needs. c. Mother is better able to provide for the children's emotional stability and overall well- being. II. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as a party to this action. 12. All other persons named below who are known to have a claim or right to custody or visitation of the children will be given notice of the pending of this action and the right to intervene. Name Address Basis of Claim None. WHEREFORE, Plaintiff, Pamela S. Krebs requests this Honorable Court grant her primary physical custody of the parties' children, David W. Krebs and Leah S. Krebs. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN Bi' ~ ~ 11z/ ~ e Mmphy, Esquire At rney for Plaintiff 2 S. Market St., P. O. Box 267 Elizabethtown, P A 17022 Attorney LD. #80838 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7/t?J3/Q3 ~14? Pamela S. Krebs vs. ) IN TIlE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CNIL ACTION - F AMIL Y DNISION ) ) NO.: ) PAMELA S. KREBS, Plaintiff JOHN R. KREBS, Defendant CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of Complaint for Custody upon the person(s) and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P.440: Service by first-class U.S. Mail addressed to: Mr. John R. Krebs 908 Spring Circle Mechanicsburg, P A 17050 GINGRICH, SMITH, KLINGENSMITH & DOLAN By:( -- .--'.- JO Murphy, Esquire A 0 ey for Plaintiff . . Box 267 lzabethtown, P A 17022 (717) 367-1370 "'fJ GJ ~ \L ~~ ~ ~ ~ ~ ~ ~ p:! ...c:: ~ ~ ~ ~ (\ e PAMELA S. KREBS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-3567 CIVIL ACTION LAW JOHN R. KREBS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before .....Q.awn S. Sunday, Esq. _~, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday,Aullust28,2003 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children ag;e 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 heariul(. FOR TIIE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator L. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 ~~.fzv' ~ ~ 4? &-1[( - ~ z. Y'P:~ ~u, [o./[-t. f4w ~ ~ ~~tl -r?} ZO'lrL Al}Jn~~~Vi;7~~tY,N2d .. . .PiVno Su :,t; ,. J >' - ,: ,"l~' ,,~ I 'v lid :,,'j PAMELA S. KREBS IN THE COURT OF COMMON PLEAS 0 F CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN R. KREBS NO. 2003-3567 CIVIL TERM ORDER OF COURT AND NOW, this 7TH day of AUGUST, 2003, it appearing that the parties have reached an interim agreement, the hearing on husband's Petition for Emergency Relief is cancelled at his request. The matter shall be scheduled for conciliation at the earliest practical date. - Edward E. Guido, J. Pamela S. Krebs 908 Circle Drive Mechanicsburg, Pa 17055 John R. Krebs 908 Circle Drive Mechanicsburg, Pa. 17055 Lori K. Serratelli, Esquire 2080 Linglestown Road Suite 201 Harrisburg, Pa. 17110 , ~, Y_/l_tJ3 ~ (~ Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, Pa. 17055 :sld - .. \iINV^lJSNN3d A1Nr:c:::) t'i~.,""r;~~:\:[2:,t~n:) tIS :8 HV 1 I 5il ~ [0 ^tJ\i.HY'-il~;,":~J_:i.. :~- 381:Ll()--.U:: '}-j ..In .v JUL. '11. ?00'1 ?: 44PM LORI K. S2RAAliLL1 (717) 540.9170, bt 10'i Iserratell i@ssbc.law.com ,., ..... " .... ....- .., Sul'tE. Jo01 2080 1.ItoJ(~\i'..Tt:MI~ ~)^t~ HARRl~Sl!IU;, 'PA 17110-4~7n F....x (717~ 540-1\481 S. S, B. & C, Hbg. Pa, 17110 NO, S S 61 P.? JulY 31, 2003 Y!A FACSlMU&. 241Hi462 llonorable Edward E. Guido CUMBBRLAND coUNTY COURTHOU 1 CnllTl:hnuse Square Carlisle, PA l70n This is to confirm s: oppo se JoAnne Mu.rphY and 1 have reo.ohed on interim custody agreement for our clients and Mile that the hearing scheduled for A.ugust 4, 2003 at 8:30 n.I1l. be cancelled and the matter referred as soon llIi polllliblc fot conciliation. Dear Judge lI<t~'" . .--' ................- REo: Sincerely, SBRRATELU, SCHIFFMAN, BROWN CALHOON. P .c. ! ~...~.\~O~. LKSlbc co: JoAnne Murphy, Esquire (Via Fax - 367.3219) ,-- PAMELA S. KREBS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . V. 03-3567 CIVIL ACTION LAW JOHN R. KREBS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, FA 17055 on Thursday, August 28,2003 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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 prlor to scheduled hearing. FOR TIIE COURT. By: Isl Dawn S. Sunday. Esq. Custody Conciliator (. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or 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 A,s,sociation 32 South Bedford S h'eet Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PAMELA S. KREBS Plaintiff JU~ ~ 2004 IN THE COURT OF COMMON iE~S OF CUMBERLMiID COUNTY, PENNSYLVANIA vs. 03-3567 CIVIL ACTION LAW JOHN R. KREBS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ., ~ day of consideration ofthe attached Custody Conciliation R , 2004, upon ort, it is ordered and directed as follows: 1. The Mother, Pamela S. Krebs, and the Father, John R. Kre,bs, shall have shared legal custody of David W. Krebs, born August 3, 1999 and Leah S. Krebs, born July 19, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Children on an alternating weekly basis with the exchange to take place each week on Monday at day care. In the event day care is not available on an exchange day, the parent receiving custody of the Children shall pick up the Children at 8:00 a.m. The alternating weekly schedule shall begin with the Mother having custody ofthe Children on Monday, July 5, 2004. 3. The parties shall share having custody of the Children on holidays as follows: A. Hanukkah: The period of custody over Hanukkah shall be divided into Segment A, which shall run from 7:00 p.m. on the first evening of Hanukkah through 7:00 p.m. on the fifth day, and Segment B, which shall run from 7:00 p.m. on the fifth day through 7:00 p.m. on the last day of Hanukkah. In even numbered years, the Mother shall have custody ofthe Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Alternating Holidavs: The parties shall alternate having custody ofthe Children on Thanksgiving, Christmas, Memorial Day, July 4th, and Labor Day each year. The holiday custody period on the foregoing holidays shall run from 7:00 Ip.m. the evening before the holiday through 7 :00 p.m. on the day of the holiday. C. Mother's DavIFather's Dav: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 7:00 p.m. the evening before the holiday through 7:00 p.m. on the day of the holiday. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. In the event a portion of Hanukkah and Christmas fall on the same date, the Hanukkah holiday schedule shall take precedence. 4. The parties agree that the maternal grandmother, who resides in North Carolina, shall be entitled to have custody ofthe Children for two one-week periods each year, with one week being scheduled on each parent's regular custodial week. The paternal grlmdmother shall be entitled to have custody of the Children for the same periods of time as specified for the maternal grandmother in the event the paternal grandmother relocates from the Central Pennsylvania area or if the paternal grandmother makes arrangements to take the Children on vacation out of the area. Each parent shall be provided with an itinerary for the Children during periods of custody exercised by the grandparents under this provision. 5. The parties agree that David shall be enrolled for kindergarten at the Children's Garden in Shiremanstown, which is the current day care provider for the Children. The parties further agree to continue to use the Children's Garden as the full time day care provider for both Children. In the event either party requires care for the Children during his or her periods of custody at times when the day care is not available, each party shall be responsible to make his or her own separate arrangements for care ofthe Children. 6. Unless otherwise agreed, the parent receiving custody ofthe Children shall be responsible to provide transportation for the exchange of custody. 7. The parties agree that each parent shall ensure that the Chilldren go to temple at Beth Shalom in Mechanicsburg during his or her periods of custody. 8. The non-custodial parent shall not pick up either of the Children from day care without the prior consent of the other party. 9. The non-custodial parent shall be entitled to contact the Children by telephone one time per week, with the call to be limited to 10 minutes unless otherwise agre(:d between the parties. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. ~A"" K. ,,,,,,,.Ili, &qillre - Co_.1 focF,lli~ >!~ \ .;.JoAnne Murphy, Esquire - Counsel for Mother ,~o ri.- ~ ol-0Q-01 \/iN\!!';l/\S':\.,: ~ ~'~d Alilr-,rr "''''-,.~:) ", ',' . . .' ',... ""..~ 1';,' , ',",.' .... .......,;> II o 2 :0I1i~ 6 - lnr ~ooz AfJ\llOi'JOHlOLld 3Hl :10 :JJI:I:lO-G3ll:l PAMELA S. KREBS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-3567 CIVIL ACTION LAW JOHN R. KREBS Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David W. Krebs Leah S. Krebs August 3, 1999 July 19, 2001 Mother/Father Mother/Father 2. A conciliation conference was held on June 23, 2004, with the following individuals in attendance: The Father, John R. Krebs, with his counsel, Lori K. Serratelli, Esquire, and the Mother, Pamela S. Krebs, with her counsel, JoAnne Murphy, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ~ .:;.,c-, dOOY . Da~~ Custody Conciliator PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PAMELA S. KREBS v. 03-3567 CIVIL ACTION LAW JOHN R. KREBS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May II, 2005 , upon consideration of the attaehed Complaint, it is hereby direeted that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 31. 2005 , the conciliator. at 11 :30 AM for a Pre-Hearing Custody Conference. At sueh conference, an effort will be made to resolve the issues in dispute; or ifthis 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 Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sunday, E~__ :.r Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to eomply with the Americans with Disabilites Act of 1990. For infol111ation about accessible facilities and reasonable accommodations available to disabled individuals having business before the couti, please contact our office. All alTangements 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 tf;,r? ,~tJ '?f j:Ji/'(!'f7W ,wd,l 5;1 (/ ,C; 7fP"''P i;p % /0/''''' 7>,/,,"" 97 US "r"'fII fp1 17""" idfJ. 1"9,0 '" J (":(\\', '1,1 -( \ \ '''\ ^,",^,] , J j. '.-" j'\"'J "'I"~ :',;...ti. ,\ - vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - FAMILY DIVISION ) ) NO.: 03-3567 ) PAMELA S. KREBS, Plaintiff JOHN R. KREBS, Defendant NOTICE AND ORDER TO APPEAR PETITION FOR CONTEMPT Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for partial custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in Court on , 2005 at .m. in Conference Room Number before , Custody Conference Officer, Cumberland County Court of Common Pleas, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with its order for partial custody, you may be found to be in contempt of Court and committed to jail, fined or both. 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 CANT GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATEION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249,3166 BY THE COURT: J. Date: vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - F AMIL Y DIVISION ) ) NO.: 03-3567 ) PAMELA S. KREBS, Plaintiff JOHN R. KREBS, Defendant PETITION FOR CONTEMPT OF ORDER OF CUSTODY AND NOW, Plaintiff, by and through her attorney, JoAnne Murphy, Esquire, files a Petition for Contempt of Order of Custody against Defendant, and in support thereof, avers the following: 1. Your Petitioner, Pamela S. Krebs (hereinafter "Mother"), is the above-named Plaintiff and Mother of the subject minor children, David W. Krebs, born August 3, 1999 and Leah S. Krebs, born July 19, 2001. Your Petitioner is an adult individual currently residing at 1650 Airport Drive, Mechanicsburg, P A 17055 2. The Respondent is John R. Krebs (hereinafter "Father"), is the above-named Plaintiff and Father of the subject minor children, David W. Krebs, born August 3, 1999 and Leah S. Krebs, born July 19, 2001 whose last know address was 908 Spring Circle, Mechanicsburg, P A 17055. 3. On June 23, 2004, the parties appeared with their respective counsel before Conciliator Dawn S. Sunday, Esquire pursuant to Mother's Petition for Custody of the subject minor children. Pursuant to the agreement reached at the conference, an Order of Court dated July 9,2004 was entered ordering shared legal and shared physical custody of the parties' minor children. Attached hereto is a copy of the Order and respectfully marked as exhibit "A." 4. Pursuant to paragraph 9 of the Custody Order, Petitioner recently attempted to call the minor children during Respondent's custodial week. Respondent proceeded to call Petitioner derogatory names with the children present as Petitioner heard their voices in the background and refused to allow Petitioner to talk with the children for a significant period of time. 5. Additionally, upon Respondent's concluding his derogatory remarks, Respondent's paramour then began to verbally attack Petitioner indicating she was going to take Petitioner's children from Petitioner. 6. Petitioner believes and therefore avers that such conduct and use of such vulgar language when the children are present is clearly not in the children's best interest. WHEREFORE, Petitioner respectfully requests this Honorable Court to find Respondent in contempt ofthe current Custody Order and sanction Respondent's behavior accordingly. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN ~ By. _..... Jo Murphy, Esquir tto ey for Petitionerll'lai tiff /22i'South Market Syeet uite 201 ~izabethtown, P A 2-0267 (717) 367-1370 Attorney LD. # 80838 VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7lf4 1i,;MlJ'i~ L~;6fi/ ~ Pamela S. Krebs D ~ 1 'i vt ,/"l \) :.':"! W 0 ---- - c' \;'- ...c: () "'V -,-, ..c: ~u ~ l/j ~ F- ,. }-> .. 0 I:. ,.,,,,,' +-- , --.. ~. PAMELA S. KREBS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA v. 03-3567 CIVIL ACTION LAW JOHN R. KREBS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 26, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. . the conciliator, at 39 West Maiu Street, Mechauicsbur~, P A 17055 on Tuesday, May 31, 2005 at 11 :30 AM for a Pre-Hearing Custody Conterence. At such conference, an effort will be made to resolve thc 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 live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sundav. Esq. Custody Conciliator ,y/ 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 an'angements 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4C (;,~ /'7;r' d /. - ~~# ,? ~ ' V ?m/ 'mOl) jr.J#Jf /' . '~?F jp '?2 I"1pPYif ,:5?}->>lI., _So "?t':; f~t/f??? 7. ~/ ~7 frp 50' '7(/.-> . ., "7' .":;: :. ".:., \ :,.L =..-; PAMELA S. KREBS Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN R. KREBS Respondent : NO. 03-3567 TO THE PROTHONOTARY: PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw the appearance of the undersigned as counsel for the Respondent, JOHN R. KREBS, in the above-captioned matter. Respectfully submitted, DATE: ~7/11")- Lo' e telli, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Respondent, JOHN R. KREBS, in the above-captioned matter. Respectfully submitted, DATE: 5), OS /6.5 'V. Sanford A. Kre.vsk , Esquire 1101 N. Frokt St. Harrisburg, PAl 02 (717) 234-4583 t. :::;~ he, ':'~~? C,') .-<, <../1 - ~ PAMELA S. KREBS, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA v. : NO. 03-3567 JOHN R. KREBS, Respondent :CUSTODY ACTION NOTICE TO PLEAD TO: JOANNE MURPHY, ESQUIRE P.O. BOX 267 222 SOUTH MARKET STREET ELIZABETHTOWN, PA 17022 ATTORNEY FOR PAMELA S. KREBS, PLAINTIFF You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or ajudgement will be entered against you. Date: '"S' i~i )() c.- I I ~/{ )c,~_ Sanford A. K vsky, EsqUire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendant .> PAMELA S. KREBS, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 03-3567 JOHN R. KREBS, Respondent : CUSTODY ACTION ANSWER OF DEFENDANT AND NOW comes Defendant, John R. Krebs, by and through counsel, KREVSKY & ROSEN, P.C., and offers the following response to Plaintiffs Complaint: I. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Father was not even consulted before the move. 5. Admitted. 6. Denied. Ifparties commit to communicating, it will not be difficult to establish a workable shared custody arrangement. 7. Denied. 1) it is not in the children's best interest to place them in the primary custody of Petitioner; 2) there are no known emotional difficulties with children. 8. Denied. It would not be in children's best interest. Children are very comfortable with status. ~ . WHEREFORE, Respondent is requesting that Petitioner request for the Custody Order to be Modified be denied. NEW MATTER 9. Answers to paragraphs one (1) to thirteen (8) are incorporated by reference. 10. Respondent's correct address is, 11 Kower Court, Mechanicsburg, PA 17055. 11. Petitioner took child to psychologist without consultation, consent, or agreement in violation of the current Custody Order. 12. The Children will not need further child care ifhe would reside in the Mechanicsburg School District. 13. Ifplaced in Petitioner's care and custody, the children will have available full-time child care at no cost to the Petitioner or Respondent. 14. Respondent has fully complied with all aspects fo the current Custody Order and is the more appropriate full time custodian for the children WHEREFORE, Respondent is requesting that Petitioner request for the Custody Order to be modified be denied and that the Respondent be granted primary custody of the children. Respectfully submitted: KREVSKY & ROSEN, P.c. Date: <:) J.)/ )01:,- . , By: -56iE~ Sanford A. Kr ky, Esquire 1101 North Front Street Harrisburg, P A 17102 lD# 15560 (717) 234-4583 Counsel for Defendant . PAMELA S. KREBS, Petitioner : IN THE COURT OF COMMON PLEAS : CUSTODY COUNTY, : PENNSYL VANIA v. : NO. 03-3567 JOHN R. KREBS, Respondent : CUSTODY ACTION VERIFICATION I, JOHN R. KREBS, hereby verify that the information contained in the foregoing Answer is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. DATE: 5/31/05 (}re if. 16th j JO R. KREBS .. PAMELA S. KREBS, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA v. :NO. 1569 S 2000 JOHN R. KREBS, Respondenl : CUSTODY ACTION CERTIFICATE OF SERVICE O-,\s.t ~ AND NOW, this ~ day of ._.. _ (j ,2005, I, Kami M. Cramer, for the Law Firm ofKREVSKY & ROSEN, P.C on behalf of Defendant, JOHN R. KREBS hereby certifY that I have this day seryed a copy ofthe foregoing Answer in the above-captioned matter, by First Class U.S. Mail on the following: JOANNE MURPHY, ESQUIRE P.O. BOX 267 222 SOUTH MARKET STREET ELIZABETHTOWN, PA 17022 ~A_ 'Pt. ()12fi/{~ amI M. Cramer 11 01 North Front Street Harrisburg, PAl 7 I 02 (717) 234-4583 C-j \ ..- r:"? ~ )'~ ,.,r, - PAMELA S. KREBS Plainfiff RECEIVED JUN 072005 pn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~" vs. 03-3567 CIVIL ACTION LAW JOHN R. KREBS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15'J.+.. day of consideration of the attached Custody Conciliation Re , 2005, upon rt, it is ordered and direcfed as follows: 1. The prior Order ofthis Court dated July 9, 2004 shall continue in effect as modified by this Order. 2. The parties shall obtain a supplemental custody evaluation from Kasey Shienvold, Psy.D. updafing the custody recommendations in light of recent developments. The purpose of fhe evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangemenfs which will best serve the needs and interests ofthe Children. The parties shall also obtain a recommendation, as soon as deemed appropriate by the evaluafor, concerning first grade enrollment for the parties' son. The parties shall sign all authorizations deemed necessary by the evaluator in order fo obtain additional information pertaining to the parties or the Children. All costs of the supplemental evaluation shall be shared equally between the parties. 3. The parties shall engage in a course of therapeutic family counseling with Dr. Rob Boro, MS. The purpose ofthe counseling shall be to address adjustmenf issues in the family and to assist the parties in developing sufficient communication and cooperation to enable fhem to effecfiyely co-parent their Children. The parties shall attend a minimum of six joint counseling sessions under this provision. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 4. Both parties shall ensure that the Children attend fhe Children's Garden preschool on a full time basis during his or her periods of custody, unless otherwise agreed between the parties. 5. The parties shall ensure that all telephone calls between the non-custodial parent and the Children are conducted and received in a supportive, civil manner to reduce conflict and promote a cooperative environmenf for fhe Children. The parties shall avoid addressing parenting issues or other issues between the parents at the time of the Children's felephone contacts with the non-custodial parent. ,- 6. Within 60 days of receipt of written custody recommendations from the evaluator, counsel for either party may contact fhe conciliator to schedule an additional custody conciliation conference, if necessary. 7. The parties may modii}' the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido 1. cc: ;6Anne Murphy, Esquire - Counsel for Mother .sanford Krevsky, Esquire - Counsel for Father '7':r.:V/\V,S'\!i"L~d A..L!,l(iC:'-; r"~:. ':;~::":/'UlJ 02; I fld S I Nnrsooz AtlV1G:iCiiUDcd 3Hl :10 3::J!KM"J311:1 . . PAMELA S. KREBS Plainfiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-3567 CIVIL ACTION LAW JOHN R. KREBS Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submifs the following report: I. The pertinent information concerning the Children who are fhe subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David W. Krebs Leah S. Krebs August 3,1999 July 19, 2001 MotherlFather MotherlFather 2. A conciliation conference was held on May 31, 2005, with the following individuals in attendance: The Mother, Pamela S. Krebs, with her counsel, JoAnne Murphy, Esquire, and the Father, John R. Krebs, with his counsel, Sanford Krevsky, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the provision governing the Children's attendance at the Children's Garden preschool, which is the recommendation of the conciliator. ~ Date !). ,JcoS . D'~( Cusfody Conciliator PAMELA S. KREBS, Plaintiff vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYL V AN1A ) ) CNIL ACTION - F AMIL Y DNISION ) ) NO.: 03.3567 ) JOHN R. KREBS, Defendant ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, Pamela S. Krebs, (hereinafter, Mother), by and through her attorney, JoAnne Murphy, Esquire and Gingrich, Smith, Klingensmith & Dolan, and offers the following Answer to Defendant's New Matter: The original modification petition filed by Plaintiff on May 5, 2005 is incorporated herein by reference. ANSWER TO NEW MArIE!! 9. No answer required. 10. Admitted and by way of further answer, Plaintiff only obtained Defendant's current address after the filing of Plaintiff s Petition to Modify and the corresponding Custody Conference. 11. Denied. Plaintiff believes and therefore avers that approximately thirteen (13) months ago, Plaintiff approached Defendant about the need for the parties' oldest child, David, to speak with a counselor. Plaintiff believes and therefore avers that Defendant indicated that despite acknowledging deterioration in David's behavior after separation, Defendant did not believe David's problems warranted engaging the services of a psychologist. Defendant further indicated if Plaintiff wanted the child in counseling she would be responsible for all costs. Subsequently, Plaintiff engaged the services of a counselor for the child. Plaintiff believes and therefore avers thaf Defendant was aware of the counseling via numerous conversations she had with Defendant as well as infonnation Defendant would have received from his health insurance company. Defendant has and continues to provide the health insurance for the children and therefore receives directly from the health insurance company all Explanation of Benefit fonns concerning payments made. Additionally, on or about January 1, 2005 Plaintiff and Defendant had subsequent conversations regarding continuation of the counseling due to a change in insurance providers and Father once again indicated he would not financially SUPPOlt the ongoing counseling. 12. Neither admitted or denied. Plaintiff is without the nl:cessary infonnation to ascertain what daycare the children will need if Defendant resides in the Mechanicsburg School District. Plaintiff believes and therefore avers that Defendant is employed on a full-time basis and thus would not be available for the children during his work hours. By way of further answer, Plaintiff is and would be available for the children during their non-school hours as Plaintiff anticipates that any employment she accepts upon completion of her current schooling will be during school hours only. By way of further answer, Defendant previously requested that the children attend Cumberland Valley School District. With that knowledge Plaintiff purchased a home in Cumberland Valley School District. After Plaintiff purchased her home, Defendant purchased a home in Mechanicsburg School District. 13. Denied. Plaintiff believes and therefore avers the decision of daycare provider for the children is a joint legal custody decision. Plaintiff believes and therefore avers that the parties have always agreed and utilized the services of Children's Garden when necessary. Plaintiff believes and therefore avers that the facility was chosen as the best daycare provider when the parties lived as an intact family without consideration of cost. Plaintiff believes and therefore avers to now disrupt what has been a stabilizing factor in the children's lives because of financial consideration clearly does not serve their best interests. PlaintiJlIbelieves and therefore avers that utilizing Defendant's current live-in would be adverse to the children's best interest in light of the changes in Father's significant others since the parties' separation. 14. Denied. Plaintiff believes and therefore avers that Defendant has failed to follow the Order. Most recently, Defendant has removed the children from the daycare provider, contrary to the Court's Order, during which time David suffered a serious sunburn which required medical intervention. Additionally, currently pending is a Contempt Petition in which Plaintiff avers Defendant's violation of the Order regarding telephone contact and the use of derogatory language in front of the children. GINGRICH, SMITH, KUNGENSMITH & DOLAN B. J~ ::~?J1u~ . 22 S. Market St., P O. Box 267 izabethtown, P A 17022 Attorney LD. #80838 VERIFICATION I verify that the statements made in this Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. Section 4904 relating fo unsworn falsification to authorities. DatejJt d,;JcJ:> r By:A2~~c! Pamela S. Krebs vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CNIL ACTION - FAMILY DNISION ) ) NO.: 03-3567 ) PAMELA S. KREBS, Plaintiff JOHN R. KREBS, Defendant CERTIFICATE OF SERVIQ;. I, JoAnne Mmphy, Esquire, certify that I served the Answer to Defendant's New Matter upon the person(s) named below by D.S.. First Class Mail. addressed as follows: Sanford A. Krevsky, Esquire Attorney for Defendant 1101 North Front Street Harrisburg, PA 17102 GINGRICH, SMITH, KLINGENSMITH & DOLAN By: JoAnne Mmphy, Esquire Attorney for Plaintiff 222 S. Market Street, P.O. Box 267 Elizabethtown, P A 17022 Attorney ID#80838 (717) 367-1370 "',~/j.o "/,~'c'\f:::.:ryirH~r.,:,,,':,;,::_~'Al :.':1" ." Q 1'-) 0 = \ = ., ." .;;;.J' (- :;:l c:: fii ::'J f~'- r' T; cq -~I '.,- .. '... , C~) H-1 """I"'i L :{, :J~ 'C2 (~ ,') m ., N >., .. --po :~j ( n :-.0 .,"" 0' ....; vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYL V ANlA ) ) CIVIL ACTION - F AMIL Y DIVISION ) ) NO.: 03-3567 ) PAMELA S. KREBS, Plaintiff JOHN R. KREBS, Defendant CUSTODY STIPULATION AND NOW corne the parties, this 11/11 day of A\:Yev>jloefL-, 2005, Plaintiff, Pamela S. Krebs, by and through her counsel, JoAnne Murphy, Esquire and Gingrich, Smith, Klingensmith and Dolan and Defendant, John R. Krebs, by and through his counsel Sanford A. Krevsky, Esquire hereby agree as follows: WHEREAS, Plaintiff, is the biological Mother of minor children, David W. Krebs, born August 3,1999 and Leah S. Krebs, born July 19, 2001; WHEREAS, Defendant, John R. Krebs, is the biological Father of minor children, David W. Krebs, born August 3,1999 and Leah S. Krebs, born July 19, 2001; WHEREAS, circumstances now exist whereby the parties hereto are desirous of entering into fhis Stipulation setting forth appropriate partial physical custody and visitation rights pertaining to David W. Krebs and Leah S. Krebs; NOW, THEREFORE, the parties hereto, for and in consideration of the mutual covenants contained hereinafter, and intending fo be legally bound hereby, agree as follows: I. Legal custody of David W. Krebs and Leah S. Krebs shall be shared by the parties. Each party shall have the right to participate in the major decisions affecting the children, including but not Iimifed to, medical, religious and educational decisions and each parent shall haye equal access to medical, dental and school records, the residence address of the children and of the other parent. Upon receipt each parent shall proyide to the other parent advance information on a timely basis regarding school programs, events, meefings and teacher conferences involving the children. 2. During the school year, Mother shall have primary physical custody of the minor children, David W. Krebs and Leah S. Krebs. 3. Father shall have periods of partial physical custody ofthe children as follows: a. Every other weekend from Friday at the end of the school day to Monday at the beginning of the school day with Father providing all the necessary transportation. In the event that Monday is a school holiday or in-service day, Father shall return the children to Mother on Monday at 8:00 a.m. In the event that Friday is a school holiday or in-service day, Father shall pick up the children at 4:00 p.m. b. Every Wednesday evening from 5;00 p.m. until 7;00 p.m. 4. During the Summer, physical custody of David W. Krebs and Leah S. Krebs shall be shared by the parties rotating on a week to week basis with the exchange occurring on Mondays at 8:00 a.m. Summer shall be defined as the first Monday after the school year ends to the Monday immediately preceding fhe resumption of the new school year. The summer schedule shall begin with Mother having Week #1 and Father having Week #2 and alternating weekly thereafter. During each party's non-custodial week, the party may exercise a midweek telephone call with the children. 5. Mother and Father shall each have two (2) consecutiye weeks ofyacation time during the summer. 6. As to holidays, the parties shall share custody of the children on holidays as follows: a. Hanukkah: The period of custody over Hanukkah shall be divided into Segment A, which shall run from 7:00 p.m. on the first evening of Hanukkah through 7:00 p.m. on the fifth day, and Segment B, which shall run from 7:00 p.m. on the fifth day through 7:00 p.m. on the last day of Hanukkah. In even numbered years, Mother shall have custody offhe children during Segment A and Father shall have custody during Segment B. In odd numbered years, Father shall haye custody of the children during Segment A and Mother shall have custody during Segment B. b. Alternating Holidays: The parties shall alternate having custody of the children on Thanksgiving, Christmas, Memorial Day, July Fourth and Labor Day each year. The holiday custody period shall run from7:00 p.m. the evening before the holiday through 7:00 p.m. on the day of the holiday. c. Mofher's Day/Father's Day: Mother shall haye custody ofthe children every year on Mother's Day and Father shall haye custody of the children every year on Father's Day from 7:00 p.m. the evening before the holiday through 7:00 p.m. on the day of the holiday. d. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. In fhe event a portion of Hanukkah and Chrisfmas fall on the same date, the Hanukkah holiday schedule shall take precedence. 7. Both parents shall encourage the children to love and respect the other and shall not make, nor allow others to make, in the presence of the children, derogatory comments about the other parent. Further, each parent shall encourage the children to have significant contact with the other parent, and shall make certain that the child is ready on fime for the transfer of physical custody ofthe children from one parent to the other. 8. Both parents shall permit reasonable telephone access to the children by the other while the children are in his or her custody. 9. Fafher and Mother are encouraged to accommodate the reasonable requests of the other parent for alterations of any agreed upon schedule, as the circumstances and the best interests of the children require. 10. The parties hereby waive the requirement of Rule 1915.7 requesting that they and their children be present before the Court to present this Agreement and further intend this Agreement to be entered as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, subject to modifications as provided by law. II. This Agreement shall supersede any and all other Agreements or Stipulations concerning custody and visitation of said minor child which have been made heretofore. WITNESS our hands and seals the day and year first aboye written. WITNESSES: ( ""l Ct}C TYJ u / / / "'.,/ // V'J~. .. ~t //i.{ /' 4-" ) I'" PAMELA S. KREBS ~ {2J}~ HN R. EBS (SEAL) L (SEAL) . . COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER ) On this, the j ( day of (t (i 11/, ( '- , 2005, before me, a Notary Public, the undersigned officer, personally appeared Pamela S. Krebs, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Custody Stipulation and acknowledged that he executed same for the purposes therein confained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise A. Zaiac, Notary Public Etlzabethtown Bore, l.arcaste, County My Commission Expires July 7, 2009 Member I Pennsylvania Association of Notaries -I) III ':J-\ J\ . ;J) c, " ( ,-----,/ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF LkHCAHEK \)~ ~ On this, the \ i-rh day of Jll\Jt,\Y\ b-Lv SSe , 2005, before me, a Notary Public, the undersigned officer, personally appeared John R. Krebs, known to me (or satisfactorily proyen) to be the persons whose names are subscribed to the within Custody Stipulation and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~c i ct 'V(lLl~ C wl+=1 My Commission Expires: COMMONWEALTH OF PENNSYLVA~""' Not~:ri;Ji Seal Aimee L. Pau!,ovits, Notary Public City of H.\l1TIsburg, Dauphin County My Commis~ion Expires Apr. 17, 2007 , , n :-.1 , (,..~ ...... 7 DEe 1 2 2005 tVr\ vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION -- F AMIL Y DIVISION ) ) NO.: 03-3567 ) PAMELA S. KREBS, Plaintiff JOHN R. KREBS, Defendant AND NOW, this ORDER I L( ~ay of ~ZP\ the Court hereby adopts fhe attached Custody Stipulation of the parties as the Order of Court respectin David W. Krebs and Leah S. Krebs. J. ATTEST: 00 \ '}-' \q' L r : \ j 1.1