HomeMy WebLinkAbout07-6148KEVIN CONRAD, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 07 - ~l~l~ CIVIL TERM
DANIELLE BURD, :CIVIL ACTION -CUSTODY
Defendant
COMPLAINT FOR CUSTODY
1. Plaintiff is Kevin Conrad, an adult individual who resides at 704
Meadowbrook Road, Carlisle, Pennsylvania 17015.
2. Defendant is Danielle Burd, an adult individual who resides at 779
Hamilton Court, Carlisle, Pennsylvania 17013.
3. Plaintiff seeks custody of his child, Landon Alan Conrad (hereinafter, "the
Child"), born February 25, 2007, currently residing at 779 Hamilton Court, Carlisle,
Pennsylvania 17013.
4. The Child is presently in the custody of Defendant.
5. The Child has lived at the following addresses:
Address Dates
(Defendant's Mother's Residence) 1 month
454 First Street, College Park
Carlisle, PA 3 months
779 Hamilton Court
Carlisle, PA 17013 3'/z months, to Present
6. The relationship of the Plaintiff to the Child is that of natural father.
7. The relationship of the Defendant to the Child is that of natural mother.
8. The Plaintiff has not participated as a party or in any other capacity in
other litigation concerning the custody of the Child in this or any other Court.
9. Plaintiff has no information of a custody proceeding concerning the Child
pending in a Court of this Commonwealth.
10. The best interest and permanent welfare of the Child will be served by
granting the relief requested because the Plaintiff was the primary care giver with
respect to the Child during the parties' cohabitation, and because Defendant's lack of
maturity, violent temper, disinterest in the Child, alcohol consumption and her current
living situation are a danger to the Child.
11. Each parent whose parental rights to the Child has not been terminated
and the person who has physical custody of the Child have been named as parties to
this action. No other persons are known to have or claim to have any right to custody or
visitation of the child other than the parties to this action.
12. Defendant irrationally and vindictively forbade Plaintiff from bringing the
Child to visit the Child's paternal grandparents for the first three months of his life.
13. During the parties cohabitation, Plaintiff provided the majority of the
childcare.
14. Defendant watched the Child while Plaintiff worked his day shift, although
often spending the majority of that time on the computer without attending to the Child,
the most blatant example of which is discussed in paragraphs 22 through 27.
15. Once Plaintiff arrived home, Plaintiff attended to the Child exclusively.
16. Defendant would habitually go to work her evening shift as a restaurant
server, only to return home to promptly leave again to "party" until 2:00 a.m., leaving
Plaintiff to care for the Child alone.
17. During the parties' cohabitation, Plaintiff accomplished the majority of the
housework, while Defendant did essentially none.
18. Plaintiff was often forced to compensate for Defendant's share of
groceries and food while they cohabitated, as Plaintiff often exhausted her money on
personal expenditures such as shoes, and despite the fact that her parents contributed
to her funds.
19. Defendant would often refuse to contribute money for groceries.
20. Plaintiff paid for most of the household items.
21. Defendant, throughout her cohabitation with Plaintiff, at times failed to
provide the most basic care and attention for the Child.
22. On or about October 3, 2007, Plaintiff arrived home from work to find his
son, in his crib with a bruised nose and his face caked with dried blood.
23. Defendant flippantly, and seemingly perturbed by Plaintiffs questioning as
to the state of the Child, claimed that the Child had fallen down the stairs while
attempting to climb them.
24. Defendant apparently had merely placed the Child in the crib without
attention and returned to amusing herself on the Internet, which is where Plaintiff found
her when he arrived home.
25. The Child remained bruised and bloodied and unattended in the crib for at
least an hour-and-a-half before Plaintiff returned home from work and attended to his
son's condition.
26. Plaintiff immediately wiped his son's face and made sure he was okay.
27. That same day, the Child also developed a scratch on the back of his
neck, about an inch-and-a-half long that appeared to Plaintiff to be a fingernail scratch,
that Defendant could not or would not explain.
28. Defendant has displayed a temper that has resulted in physical abuse of
Plaintiff.
29. Defendant has lost her temper on numerous occasions and has thrown
various objects at Plaintiff, once striking him with a full can of soda.
30. Defendant has also grabbed Plaintiff violently when she loses her temper.
31. Most recently, on October 17, 2007, Defendant risked injury to both the
Child and Plaintiff in a hostile, unhinged exhibition of her immaturity, temper, and rank
belligerence.
32. Plaintiff had the Child at his home on the aforementioned date, having had
custody for the evening, when Defendant arrived at 9:00 p.m. in her 2000 Honda Civic
to exchange custody.
33. Defendant waited in her car, and when Plaintiff did not convey the Child
quickly enough to suit her expectations, Defendant became enraged and obnoxiously
agitated.
34. While Plaintiff took the Child to the car and began to strap the infant into
his car seat, Defendant yelled in a crazed and irrational manner at Plaintiff.
35. While Plaintiff was still leaning inside the car, and while Plaintiff was still in
the process of strapping the infant Child into his car seat, which had yet to be
completely and safely secured, Defendant threw the car into reverse and slammed on
the gas, nearly running into a backhoe, injuring Plaintiff in the process.
36. Defendant then floored the car forward and raced away from Plaintiff s
residence.
37. This terrible, violently aggressive and reckless act injured the Plaintiff and
could very easily have injured the infant Child, who was not completely and safely
strapped into his automobile safety seat when the car was floored in reverse, nor,
ostensibly, for the remainder of the journey to Defendant's home.
38. This terrible act illustrates Defendant's immature, rash and reckless
behavior which undeniably endangers the Child.
39. Plaintiff called the Pennsylvania State Police to report the aforementioned
incident and Trooper Rozmen of the Carlisle Barracks reported to the scene.
40. An investigation into the incident is believed to be pending.
41. In the time following the parties' final separation, Defendant has withheld
the Child from Plaintiff while demanding money from him.
42. Plaintiff has attempted to amicably maintain a relationship and has offered
to purchase whatever items the child requires to help the Defendant and begs to see his
son.
43. Defendant in bad faith obstinately refuses to cooperate, and instead
attempts to condition Plaintiffs involvement with his son in exchange for money.
44. Defendant now asserts in an increasingly hostile fashion that she will keep
the Child away from Plaintiff forever.
45. Plaintiff fears the loss of his ability to forge a bond with the son he loves
and cares for during these vital, formulative, early years of the Child's life.
46. Defendant has now begun an increasingly aggressive campaign of
malevolence against Plaintiff and his interests in his son.
47. On October 18, 2007, Defendant sent Plaintiff a text message threatening
that, if Plaintiff should choose to pursue custody of the Child, Defendant would set up
Plaintiff to make it appear that he possessed drugs and in so doing arrange his arrest.
48. Defendant would carry out this malevolent act, she claimed, in order to
prevent Plaintiff from seeing his son.
49. Defendant continuously harasses and taunts Plaintiff via text messages.
50. In these text messages, Defendant derides Plaintiff and Plaintiff's mother
in atrocious terms and makes various threats against Plaintiff.
51. On October 18, 2007, for example, Defendant sent Plaintiff a text
messages ridiculing Plaintiff for having called the police as a result of the incident of
October 17, indicating that she and the police officer (Trooper Rozmen) had together
laughed at Plaintiff and about the incident.
52. It is believed and therefore it is averred that Defendant was unfaithful to
Plaintiff, with a constant paramour, for three months preceding their separation.
53. It is believed and therefore it is averred that Defendant's paramour is Will
Adams.
54. It is believed and therefore it is averred that Defendant's paramour, Will
Adams, is a convicted drug dealer.
55. It is feared that Defendant's paramour now cohabitates with Defendant
and the Child, or is soon to do so.
56. It is believed and therefore it is averred that Defendant's paramour has
significant contact with the Child.
57. Plaintiff was witness to Defendant's escalating penchant for consuming
alcohol on a very frequent basis.
58. Plaintiff fears that Defendant's alcohol consumption is getting out of hand,
especially considering that, during the last week of their cohabitation, Defendant was
out drinking more nights than not.
59. Plaintiff is also aware of Defendant's habit of driving her car after having
consumed alcohol while out at parties.
60. On October 6, 2007, Plaintiff, in Defendant's presence, discovered an
open bottle of Captain Morgan rum and asix-pack of beer in the trunk of Defendant's
car, Defendant having been out at a party the night before.
61. Plaintiff fears for the safety of the Child, considering that Defendant
habitually returns home to the Child after imbibing in alcohol during her routine
"partying."
62. Defendant displays perilous immaturity, a violent temper, near disinterest
in the Child's welfare, poor decision-making with consumption of alcohol and a poor
home environment, all of which endanger the Child's welfare.
63. In contrast to Defendant, Plaintiff has exhibited a marked maturity and
stability in his life, and demonstrates nothing but the utmost care and concern for the
Child.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the
Plaintiff Sole Legal Custody and Primary Physical Custody of the minor Child.
Respectfully Submitted,
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Date Lorin n ew Snyder, Esqu' e
28 So Pitt Street r~,~D3 9 9
Canis , PA 17013 ,,
(717) - 88 ....-
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
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Date Ke n Conrad, Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Custody Complaint, by
i depositin same in the United States Mail, first class, postage pre-paid on the
day of , 2007, from Carlisle, Pennsylvania, addressed as follows:
Danielle Burd
779 Hamilton Court
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
Attorney for Plaintiff
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KEVIN CONRAD IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DANIELLE BURR
DEFENDANT
• 2007-6148 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, October 24, 2007 ,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, November 14, 2007 at 2:00 PM
for aPre-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/ ohn .Man an r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our off ce. 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) 249-3156
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KEVIN CONRAD, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 07 - 6148 CIVIL TERM
DANIELLE BURD, :CIVIL ACTION -CUSTODY
Defendant
CUSTODY STIPULATION / OR ER
AND NOW, this ~ day of 2007, it is hereby Ordered as
follows:
Landon Alan Conrad, born February 25, 2007, is the natural child of Kevin
Conrad (hereinafter, "the Father") and the natural child of Danielle Burd (hereinafter,
"the Mother").
LEGAL CUSTODY
2. The Father, Kevin Conrad, and the Mother, Danielle Burd, shall enjoy
shared legal custody of Landon Alan Conrad, born February 25, 2007. Major decisions
concerning the Child, including, but not necessarily limited to, the child's 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 Child's best interest. Each party shall not impair the other
party's rights to shared legal custody of the Child. Each party shall not alienate the
affections for the Child from the other party. Each party shall notify the other of any
activity or circumstance concerning the Child that could reasonably be expected to be of
concern to the parent then having physical custody. With regard to any emergency
decisions that must be made, the parent having physical custody of the Child 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 thereafter 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.
3. While in the presence of the Child, neither parent shall make or permit to
be made by any person, any remarks or actions which could in any way be construed
as derogatory or uncomplimentary to the other parent, or in any way injure the opinion
II of the child as to the other parent. It shall be the responsibility of each parent to uphold
the other parent as one to whom the child owes love and respect.
4. While in physical custody of the Child, neither parent shall consume
alcohol, imbibe in illegal drugs, or engage in smoking. While in physical custody of the
Child, neither parent shall permit any other person in the child's presence to consume
alcohol, imbibe in illegal drugs, or engage in smoking.
5. Both parents shall have liberal and reasonable telephone contact with the
Child when the Child is in the custody of the other parent.
PHYSICAL CUSTODY
6. Physical custody of the Child, Landon Alan Conrad, shall be shared
"50/50" by the Father and the Mother, alternating every other week as follows:
a. The parties shall share custody of the Child on an alternating week
basis, from Friday to Friday.
b. Exchanges of the Child shall occur on each Friday at 5:00 p.m.
c. This schedule shall continue to alternate in perpetuity.
d. The week in which the parent does not exercise physical custody of
the child, the non-custodial parent will have the child two (2) nights out of
the five (5)-night school week from 5:00 p.m. to 8:00 p.m., with the night(s)
to be determined by mutual agreement and by giving due consideration to
school and extra curricular activities of the Child. School nights are
defined as Sunday through Thursday night.
e. Should either parent require a babysitter for the Child during his or
her period of custody, the non-custodial parent shall be given the first right
of refusal to perform said babysitting.
The custodial parent who requires babysitting assistance
shall provide transportation to and from the non-custodial parents'
home for the exchanges of custody for the purpose of said
babysitting.
7. Physical custody shall be alternating and rotating for the following
holidays, from 5:00 p.m. on the holiday eve to 5:00 p.m. on the day of the holiday:
Easter, Thanksgiving, Christmas and New Year's Day. The parties shall adhere to the
following schedule:
a. The Father will have the Child on Easter, and Christmas in odd-
numbered years.
b. The Mother will have the Child on Easter, and Christmas in even-
numbered years.
c. The Father will have the Child on Thanksgiving and New Year's
Day in even-numbered years.
d. The Mother will have the Child on Thanksgiving and New Year's
Day in odd-numbered years.
e. For the Christmas holiday of 2007, the Mother shall have custody of
the Child from 10:00 a.m. until 1:00 p.m. on Christmas Day. The father
shall have custody for the remainder of the holiday as otherwise
scheduled in this Order.
8. The Father shall have physical custody of the Child from 5:00 p.m. on the
eve of Father's Day until 5:00 p.m. on Father's Day and the Mother shall have physical
custody of the Child from 5:00 p.m. on the eve of Mother's Day until 5:00 p.m. on
Mother's Day.
9. Custody shall be alternating and rotating for the Child's birthdays from
5:00 p.m. the day preceding the Child's birthday to 6:00 p.m. the day of the Child's
birthday.
a. The Father will have custody of the Child on his birthday in even-
numbered years.
b. The Mother will have custody of the Child on his birthday in odd-
numbered years.
10. Both the Father and the Mother shall have one week of vacation time with
the Child. Thirty days prior to the vacation, the custodial parent must provide the
following to the non-custodial parent:
a. A complete itinerary of the vacation,
b. A list of all parties accompanying the Child on the vacation, and
c. Contact telephone numbers for the Child.
11. The non-custodial parent shall provide transportation for the exchange of
custody.
12. The parties have negotiated the custody portions of this agreement based
upon existing circumstances, and in particular based upon the Father's and Mother's
current residences in Cumberland County, Pennsylvania. If either parent desires to
~', establish a residence more than forty (40) miles from his or her present residence, or
~' outside of the Commonwealth of Pennsylvania, he or she shall give the other parent
ninety (90) days written notice in advance of the proposed move in order to give the
party the opportunity to confer prior to the relocation, and to establish a mutually
satisfactory arrangement as to custody in light of the changed circumstances. In the
'' event that the parties are unable to reach an agreement, then the Court of Common
Pleas shall have jurisdiction over them to fashion a Custody Order.
13. If no child support is owed by either parent, the Father shall claim the
Child on his income taxes in odd-numbered years and the Mother in even-numbered
years; if child support is owed, the parent who owes support shall claim the child on
their income taxes.
14. The provisions in this Order shall be strictly adhered to unless otherwise
agreed upon by the parties herein. The parties are free to modify the terms of this
Order but, in order to do so, the Court makes it clear that both parties must be in
complete agreement to any new terms. In other words, both parties must consent on
what shall be the new terms of the custody arrangement or visitation schedule; in the
absence of mutual agreement the terms of this Order shall control.
15. In the event either party wishes to modify this Stipulation/Order, they may
petition to have the case scheduled with the Court.
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~n Andrew Snyder, Esq.;
~ _
Danielle Burd
rlin L. Markley, Esq.
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KEVIN CONRAD IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANJ, =
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2007-6148 CIVIL ACTION LAW, -,?,-
DANIELLE BURD ? ;n
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IN CUSTODY
DEFENDAN T CD Cj
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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 Tuesday, April 17, 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 .
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
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KEVIN CONRAD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-6148 CIVIL ACTION LAW
DANIELLE BURD, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this --?23,qleY_.- day of April 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
The prior Order of Court dated November 13, 2007 shall remain in full force and effect until
one week prior to school starting in the fall of 2012, whereby the instant Order shall supersede
all prior Orders.
2. Legal Custody: The Father, Kevin Conrad, and the Mother, Danielle Burd, shall have shared
legal custody of Landon Alan Conrad, born 02/25/2007. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child 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: Absent agreement otherwise, Mother and Father shall arrange physical
custody of Landon as follows:
a. During Landon's school year, Mother shall have primary physical custody
subject to Father's partial custody to consist of alternating weekends from
Friday after work until Sunday 8:00 pm. Father has the right to substitute any of
his scheduled weekends for an "extended weekend" on days off from school or
school holidays. Additionally, Father shall have the right to exercise evening
periods during the week two times per week from 5:00 pm until 8:00 pm; the
exact evenings by agreement of the parties considering Landon's school
schedule and extra-curricular activities.
b. During the summertime when Landon is not in school, Father shall have primary
physical custody subject to Mother's partial custody to consist of alternating
weekends from Friday after work until Sunday 8:00 pm. Mother has the right to
substitute any of her scheduled weekends for an "extended weekend".
Additionally, Mother shall have the right to exercise evening periods during the
week two times per week from 5:00 pm until 8:00 pm; the exact evenings by
agreement of the parties considering Landon's extra-curricular activities.
C. The non-custodial parent shall provide transportation for the exchange of
custody, including the holiday exchanges.
d. The parents may alter the custody schedule by mutual agreement.
4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
5. Holidays: The parents shall arrange the holiday schedule as follows; physical custody shall be
alternating and rotating for the following holidays from 5:00 pm on the holiday eve until 5:00
pm on the day of the holiday: Easter, Thanksgiving, Christmas and New Year's Day. The
parties shall adhere to the following schedule:
a. The Father will have the Child on Easter and Christmas in odd-numbered years.
b. The Mother will have the Child on Easter and Christmas in even-numbered years.
c. The Father will have the Child on Thanksgiving and New Year's Day in even numbered
years.
d. The Mother will have the Child on Thanksgiving and New Year's Day in odd-numbered
years.
e. Each parent shall have custody of Landon on their respective Mother's/Father's Day from
5:00 pm on Saturday until 5:00 pm Sunday.
f. Landon's birthday: This period shall be from 5:00 pm the day before until 6:00 pm on his
birthday. Father has this period in even years, Mother has this period in odd years.
6. Each parent shall have one week of vacation (seven overnights in a row) with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of the requested
time and this vacation week shall supersede the regular physical custody schedule. In the event
the parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
7. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child'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 Child.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. 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 not engage in smoking around the Child. The parties shall
likewise assure, to the extent possible, that other household members and/or house guests
comply with this provision.
11. 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.
12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of written mutual consent, the
terms of this Order shall control.
By the Court,
J.
Distribution:
V John King, Esquire
? Lorin Snyder, Esquire
? John J. Mangan, Esquire
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KEVIN CONRAD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-6148 CIVIL ACTION LAW
DANIELLE BURD, 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:
The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Landon Alan Conrad 02/25/2007 Father and Mother
2. A Conciliation Conference was held with regard to this matter on April 17, 2012 with
the following individuals in attendance:
The Mother, Danielle Burd, with her counsel, John King, Esq.
The Father, Kevin Conrad, with his counsel, Lorin Snyder, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo gan, Esquire
C tod Conciliator
KEVIN CONRAD IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-6148 CIVIL ACTION LAW
DANIELLE BURD, IN CUSTODY ri
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Respondent t
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EMERGENCY PETITION FOR CUSTODY
2
3.
4
5.
6.
Petitioner is Kevin Conrad, who resides at 891 Hamilton Street, Carlisle, Pennsylvania
17013.
Respondent is Danielle Burd, who resides at 3825 Sullivan Street, Mechanicsburg,
Pennsylvania 17050-2176.
On April 23, 2012, the Honorable Christylee L. Peck entered a Custody Order granting
the parties shared legal and physical custody. A copy of that Order is attached as Exhibit
-A„
A Petition to Modify was filed on January 7, 2013, and a custody conciliation has been
scheduled on February 13, 2013.
The Parties are the natural parents of the minor child, Landon Alan Conrad, born
February 25, 2007.
Father, Kevin Conrad, has physical custody until 8PM tonight, February 4, 2013, and
requests an extension by emergency custody order for the following reasons:
a. Mother is neglecting the child, Landon A. Conrad, by allowing two male pit bulls
to attack child over a period of time and refuses to remove, cage, or discipline
dogs that have clearly shown aggressive behavior toward the child. Attached
hereto as "Exhibit B" are photos of child showing wounds from said dog attacks.
b. Mother and her fiancee are physically abusive towards child when child talks
about his home life with father. Attached hereto as "Exhibit C" are photos
evidencing such physical abuse.
Q?D
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?l?l0?8
C. Child has multiple insect bites that are not being treated while child is at mother's
residence. Attached hereto as "Exhibit D" is a copy of a doctor's note referencing
said insect bites, along with abrasions from dog attacks.
d. Child has been diagnosed by Franklin family Services with Anxiety Disorder due
to the emotional stress and chaos that he has been subjected to at mother's home
in reference to the aggressive dogs, and physical and emotional abuse. Attached
hereto as "Exhibit E" is a letter from clinical psychotherapist Kim Cuff
diagnosing him with such disorder and recommending he be place under the full
time care of Father.
WHEREFORE, Petitioner respectfully requests that this honorable court grant
immediate emergency custody of child Landon Conrad until such time as Mother's home will be
a safer environment for child, including the removal of the aggressive dogs, extermination of
insects, and sufficient time for Children & Youth Services to conduct a full home investigation.
Respectfully submitted,
ROMINGER & ASSOCIATES
Date: r) ? r ?,
(EF
- y4i?
Lee Mandarino, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 312895
Attorney for Petitioner
VERIFICATION
I verify that the statements made in this petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Date: - / c--261J
Kevin Conrad, Petitioner
KEVIN CONRAD IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. :No. 07-6148 CIVIL ACTION LAW
DANIELLE BURD, IN CUSTODY
Respondent
CERTIFICATE OF SERVICE
I, Lee Mandarino, Esquire, do hereby certify that I served a copy of the Emergency
Petition upon the following by facsimile and depositing same in the United States mail, postage
prepaid, at Carlisle, Pennsylvania, addressed as follows:
Julie A. Wehnert, Esquire
Jividen & Wehnert, LLC
3461 Market Street, Suite 101
Camp Hill, Pennsylvania 17011
FAX: 717-730-3770
Date:
Respectfully submitted,
ROMINGER & ASSOCIATES
Lee Mandarino, squire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 312895
Attorney for Plaintiff
EXHIBIT A
KEVIN CONRAD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-6148 CIVIL ACTION LAW
DANIELLE BURD, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this 3 day of April 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. The prior Order of Court dated November 13, 2007 shall remain in full force and effect until
one week prior to school starting in the fall of 2012, whereby the instant Order shall supersede
all prior Orders.
2. Legal Custody: The Father, Kevin Conrad, and the Mother, Danielle Burd, shall have shared
legal custody of Landon Alan Conrad, born 02/25/2007. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child 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: Absent agreement otherwise, Mother and Father shall arrange physical
custody of Landon as follows:
a. During Landon's school year, Mother shall have primary physical custody
subject to Father's partial custody to consist of alternating weekends from
Friday after work until Sunday 8:00 pm. Father has the right to substitute any of
his scheduled weekends for an "extended weekend" on days off from school or
school holidays. Additionally, Father shall have the right to exercise evening
periods during the week two times per week from 5:00 pm until 8:00 pm; the
exact evenings by agreement of the parties considering Landon's school
schedule and extra-curricular activities.
b. During the summertime when Landon is not in school, Father shall have primary
physical custody subject to Mother's partial custody to consist of alternating
weekends from Friday after work until Sunday 8:00 pm. Mother has the right to
substitute any of her scheduled weekends for an "extended weekend".
Additionally, Mother shall have the right to exercise evening periods during the
week two times per week from 5:00 pm until 8:00 pm; the exact evenings by
agreement of the parties considering Landon's extra-curricular activities.
C. The non-custodial parent shall provide transportation for the exchange of
custody, including the holiday exchanges.
d. The parents may alter the custody schedule by mutual agreement.
4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
5. Holidays: The parents shall arrange the holiday schedule as follows; physical custody shall be
alternating and rotating for the following holidays from 5:00 pm on the holiday eve until 5:00
pm on the day of the holiday: Easter, Thanksgiving, Christmas and New Year's Day. The
parties shall adhere to the following schedule:
a. The Father will have the Child on Easter and Christmas in odd-numbered years.
b. The Mother will have the Child on Easter and Christmas in even-numbered years.
c. The Father will have the Child on Thanksgiving and New Year's Day in even numbered
years.
d. The Mother will have the Child on Thanksgiving and New Year's Day in odd-numbered
years.
e. Each parent shall have custody of Landon on their respective Mother's/Father's Day from
5:00 pm on Saturday until 5:00 pm Sunday.
f. Landon's birthday: This period shall be from 5:00 pm the day before until 6:00 pm on his
birthday. Father has this period in even years, Mother has this period in odd years.
6. Each parent shall have one week of vacation (seven overnights in a row) with the Child per
year. The requesting parent shall give the other parent 30 days advance notice of the requested
time and this vacation week shall supersede the regular physical custody schedule. In the event
the parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
7. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child'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 Child.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. 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 not engage in smoking around the Child. The parties shall
likewise assure, to the extent possible, that other household members and/or house guests
comply with this provision.
11. 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.
12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of written mutual consent, the
terms of this Order shall control.
By the Court,
J.
Distribution:
John King, Esquire
Lorin Snyder, Esquire
John J. Mangan, Esquire
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20 C5 tY
TRUE COPY FROM RECORD
In Testimony whereof 1 We unto set MY hand
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the M81 of said C rt at ar{isl Pa.
T _2y--day of Z
4a7Prothonotary
KEVIN CONRAD,
Plaintiff
V.
DANIELLE BURD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6148 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:
I . The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Landon Alan Conrad 02/25/2007 Father and Mother
2. A Conciliation Conference was held with regard to this matter on April 17, 2012 with
the following individuals in attendance:
The Mother, Danielle Burd, with her counsel, John King, Esq.
The Father, Kevin Conrad, with his counsel, Lorin Snyder, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
i
Date Jo gan, Esquire
C t Conciliator
EXHIBIT B
EXHIBIT C
EXHIBIT D
Confidential Information
Carlisle Pediatric Associates, 804 Belvedere St., Carlisle, Pa 17013
717-243-1943
Encounter Summary
LANDON CONRAD (Sex: M, DOB: 0212512007)
ate o Wit: 0210212013
Chief Complaint
Multiple bug bites and scratches,when child comes home from Mom's. Dad concerned
Fever: None; Onset: >1 week
Dad states patient has come home from mothers with insect bites. Also with scratches to body. Patient states that
has scratches to back from dog. Dad states patient complains of bumps being itchy. Dad has taken pictures of bites
and scratches. Patient states he is itchy in mom's bed.
Vital Signs
Temp (tymp): 98F / 36.7c @09:38
Weight: 431b / 19.54kg (36 %ile)
Exam Findings (abbreviated)
Constitutional: Normal.
Skin: ABNORMAL inspection: multiple healing abrasions to back and shoulder several erythematous papules to
trunk area.
Assessment
DX 1: 911.0 ABRASION TRUNK -rraS i ?? 1 ?5?
DX 2:911.4 INSECT BITE TRUNK
Patient accompanied by: Kevin, Dad
Rendering Provider: Stephanie R. Waters, MD (868)
Assisted By: Tina Fritts, MA (317)
Finalized By: Stephanie R. Waters, MD (868) 02/02/2013 10:04 AM
02/02/2013
Stephanie R. Waters, MD Date
License Number: MD437871
Generated: 02/02/2013 10:05 AM Confidential Information Page 1 of 1
Copyright (c) 2011 by Connexin Software, Inc. 800-218-9916
EXHIBIT E
Franklin Family Services
816 Belvedere St.
Carlisle, PA 17013-4001
(717)-243-6500 x 106
larrycuff22@gmail.com
Kim R. Cuff, Clinical Psychotherapist
Rominger & Associates January 18, 2013
Mr. Lee Mandarin, Attorney at Law
1555 South Hanover Street
Carlisle, PA. 17013
717-241-6070
Dear Mr. Mandarin:
I am writing in support of Kevin Conrad obtaining full time custody of his son, Landon Conrad. I am Landon's Clinical
Psychotherapist, at Franklin Family Services, Carlisle, Pennsylvania. Kevin, Landon's biological father enrolled him into
outpatient therapy services to address concerns related to his transition to residing with his mother and visitations with his
father.
During Landon's diagnostic intake interview it became clear to me that he suffers from Anxiety, Axis I: 300.00. While in
individual outpatient therapy with Landon he often talks about his father but he provides little information about his mother,
only when directly prompted by a question. When observing and working with Landon in play therapy interactions during
each session I have asked Landon where does he want to live or which parent does he want to live with. Landon's answer has
been, "with my dad and Brittany (Kevin's significant other)", each time asked at a 1000/6 rate of outcome.
Kevin is a caring, loving and involved father. During several outpatient family therapy sessions held with both Kevin and his
son, Landon is it is extremely obvious that Landon is the center of Kevin's life. Kevin has actively participated in all
therapeutic capacities since Landon's enrollment into outpatient individual therapy services at Franklin Family Services,
October 2, 2012. Kevin, apart from being a loving father, is also a parent whom seeks council and ask my opinion and
recommendations for Landon's treatment success and well being.
Many of male parents whom I work with are unable to give their child enough quality time because of all of the many other
life commitments, but I have seen Kevin prove this indicator to be false in the fact that Kevin request additional time with his
son, Landon. He makes sure that each therapy minute is focused on Landon's attainment of positive life skills and program
success. Kevin and Brittany have imparted perfect family values to this child and Landon is already a fine young gentleman in
the making.
I see Landon, Kevin and Brittany, on a weekly basis and I observe the close bond with the three as well. I have never
witnessed any unhappy moments with Kevin and Landon together nor when the three of them are together. In my clinical
professional opinion, I believe that Landon is in perfect hands with Kevin and Brittany and his childhood would be a positive
attribute for him.
As a professional practitioner and personal witness of the bond that Kevin and Landon share, I sincerely recommend that
Kevin Conrad is provided and granted full time custody of his son Landon. It is without hesitation that I make this professional
recommendation.
Sincerely,
Kim R. Cuff, Clinical Psychotherapist
Franklin Family Services
816 Belvedere Street
Carlisle, PA. 17013
717-243-6500, x 106
larrycuff22@gmail.com
KEVIN CONRAD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
DANIELLE BURD,
Defendant 07-6148 CIVIL TERM
IN RE: IN CUSTODY
ORDER OF COURT
AND NOW, this 6th day of May, 2013, this being the
time and place set for a hearing, and the parties having now agreed
as to the terms of the custody in that the schedule for the child
will be a 2-2-3 schedule such that mother shall have the child on
Monday and Tuesday of every week, father shall have the child on
Wednesday and Thursday of every week, and the parents shall split
the weekends of Friday, Saturday and Sunday on alternating weekends
with father having the child beginning the weekend of Friday, May
10, 2013, through that Sunday; the parties having further agreed
that the child will remain in Cumberland Valley School District,
Shaull Elementary School; and the parties having further agreed
that they will submit to this Court a more specified custody order
that represents the agreement between the two parties within 10
days of the date of this order, this matter is hereby taken under
advisement .
By the Court,
-0a.
=;0
'Chris lee L. Peck, J. =
C n
Julie A. Wehnert Esquire
For the Plaintiff _C1 _`
./Karl E. Rominger, Esquire r�
For the Defendant
pcb
COP�1'es 1�L`t►
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JULIE A. WEHNERT, ESQUIRE
ATTORNEY I.D. 307900
3461 Market Street, Suite 101
Camp Hill, PA 17011
(717) 730 -3700
jawehnert@gmail.com
KEVIN CONRAD,
Plaintiff
vs.
L��r�rt.t_
t' THE PROT HO Td'.,
2014 AR I4 Ni I', 3
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007 -6148
DANIELLE BURD, : CIVIL ACTION — LAW
Defendant : IN CUSTODY
MOTION FOR PHONE STATUS CONFERENCE
AND NOW comes the above -named Defendant, DANIELLE BURD, by and
through her attorney, JULIE A. WEHNERT, ESQUIRE, and makes the following Motion
for Phone Status Conference and in support avers the following:
1. Plaintiff filed a Motion for Modification of a Custody Order on January 7,
2013 and a custody conciliation was held on February 13, 2014. At that conciliation no
agreement was reached.
2. The parties appeared at a custody hearing on May 6, 2013 with this
Honorable Court and a tentative agreement was reached. The parties were ordered to
submit a written Custody Stipulation within 10 days of the date of the hearing.
3. Undersigned counsel drafted a Custody Stipulation on May 9, 2013 and
faxed it to Plaintiff's counsel. On May 15, 2013, when undersigned counsel had not
heard anything from Plaintiff's counsel, a phone call was made and undersigned
counsel spoke with Chris Zweifel, paralegal in Attorney Rominger's office. At that time,
undersigned counsel was told that a few changes would need to be made and those
would be submitted to Defendant by the end of the day. Mr. Zweifel was informed at
that time that any changes needed to be submitted by email as undersigned counsel
was leaving for vacation but would have access to email.
4. Undersigned counsel never received the proposed changes to the
Custody Stipulation by email at any time during the following two weeks. When
undersigned counsel returned to the office on May 28, 2013, a fax had been received
outlining the changes requested by Plaintiff. Defendant was immediately made aware
of the changes and a revised Custody Stipulation was sent to Attorney Rominger.
5. During the months of June, July and August of 2013, there was extensive
back and forth between the parties as to changes to the Custody Stipulation that
centered around counseling and Plaintiff's paramour but with no agreement.
6. Undersigned counsel was told by Mr. Zweifel of Attorney Rominger's office
on September 18, 2013 that if a new revised Custody Stipulation was sent without the
provisions that were issues, Plaintiff would sign and file a Motion to have the contested
issues heard by the judge. A revised Custody Stipulation was sent to Mr. Zweifel on
September 18, 2013.
7. Nothing was ever signed or filed and on October 27, 2013, undersigned
counsel was informed by Mr. Zweifel that he no longer worked for Attorney Rominger.
8. Undersigned counsel has tried on several occasions since October 27,
201.3 to contact Attorney Rominger but has not had any return calls.
9. Currently the parties are operating under the Order of Court issued on
May 6, 2013 that lays out a tentative schedule and by the proposed Custody Stipulation
that has not been signed. Several issues have arisen due to not having a signed
Custody Stipulation and Order of Court.
10. Defendant is requesting that a status phone conference or status hearing
be scheduled in order to ascertain what can be done to have this matter resolved. to
WHEREFORE, Defendant respectfully requests that this Court schedule a status
phone conference or status hearing.
Respectfully Submitted,
Jul A. Vehnert, Esquire
Jiv en & Wehnert, LLC
ID# 307900
3461 Market Street, Suite 101
Camp Hill, PA 17011
Date:
CERTIFICATE OF SERVICE
1, Julie A. Wehnert, Esquire do hereby certify that on this 14th day of March,
2014, I served a true and correct copy of the foregoing Answer and Counterclaim via
regular U.S. First Class mail, postage prepaid, addressed as follows:
Karl Rominger, Esq.
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(Attorney for Plaintiff)
J V E NERT, LC
By:
ehnert, sq.
I 7900
3461 Market Street, Suite 101
Camp Hill, PA 17011
(717) 730-3700
Attorney for Defendant
A
r
24; MAR 20 PM 1?: t,,
JULIE A. WEHNERT, ESQUIRE PEN SYLVA N I
ATTORNEY I.D. 307900
3461 Market Street, Suite 101
Camp Hill, PA 17011
(717) 730-3700
jawehnert @gmail.com Attorney for Defendant
KEVIN CONRAD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 2007-6148
DANIELLE BURD, : CIVIL ACTION — LAW
Defendant : IN CUSTODY
AMENDMENT TO MOTION FOR PHONE STATUS CONFERENCE
AND NOW comes the above-named Defendant, DANIELLE BURD, by and through her
attorney, JULIE A. WEHNERT, ESQUIRE, and makes the following Amendment to Motion for
Phone Status Conference and in support avers the following:
1. The Honorable Christylee Peck has ruled on this custody matter in the past.
Specifically an Order of Court dated May 6, 2013.
2. Undersigned counsel has tried to contact Attorney Rominger, Attorney for the
Plaintiff on several occasions over the past few months with no return contact. He was not
contacted specifically for his concurrence on this Motion.
ect ly S •m'.t
J P- A. Wehnert, Esquir-
Ji'iden &Wehnert, LLC
ID# 307900
3461 Market Street, Suite 101
Camp Hill, PA 17011
i
CERTIFICATE OF SERVICE
I, Julie A. Wehnert, Esquire do hereby certify that on this 20th day of March,
2014, I served a true and correct copy of the foregoing Amendment to Motion for Phone
Status Conference via regular U.S. First Class mail, postage prepaid, addressed as
follows:
Karl Rominger, Esq.
Rominger &Associates
155 South Hanover Street
Carlisle, PA 17013
(Attorney for Plaintiff)
JIVIDEN & WEHNERT, LLC
B •
7nZri Wehnert, Esq.
I.7 07900
3461 Market Street, Suite 101
Camp Hill, PA 17011
(717) 730-3700
Attorney for Defendant
KEVIN CONRAD, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
DANIELLE BURD,
Defendant : NO. 07 -6148 CIVIL TERM
IN RE: DEFENDANT'S MOTION AND AMENDMENT
TO MOTION FOR PHONE STATUS CONFERENCE
ORDER OF COURT
AND NOW, this 25th day of March, 2014, upon consideration of Defendant's
Motion for Phone Status Conference and amendment thereto, and upon further
consideration that the parties had previously indicated to this Court they could resolve
this matter amicably through a stipulation, and upon further consideration of Defendant's
averment that counsel for Plaintiff has not reciprocated communication to establish the
stipulation of the parties, this matter is referred back to the custody conciliator to
facilitate the parties hereto reaching an agreement. Both parties are ordered to appear
before John J. Mangan, Esq., Custody Conciliator, with counsel if they have it, or without
counsel if they do not, on Tuesday, April 22, 2014, at 9:00 a.m., on the fourth floor of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
f%
Christy ee L. Peck, J.
John J. Mangan, Esq.
17 West South Street
Carlisle, PA 1 7013
Custody Conciliator
lie A. Wehnert, Esq.
3461 Market Street
Suite 101
Camp Hill, PA 17011
Attorney for Defendant
C)
CO
vin Conrad
891 Hamilton Street
Carlisle, PA 17013
Plaintiff
Danielle Burd
38 Hamilton Circle
Mechanicsburg, PA 17050
Defendant
:rc
3 as�iY
`=7-9
KEVIN CONRAD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 07-6148 CIVIL ACTION LAW
DANIELLE BURD, N/K/A
DANIELLE GUILLES
Defendant
IN CUSTODY
Prior Judges: Christylee L. Peck, J. on prior custody Order
Thomas A. Placey, J. on emergency petition
ORDER OF COURT
C)
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-!
AND NOW this ,it, day of May 2014, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Kevin Conrad, and the Mother, Danielle Guilles, shall have shared
legal custody of Landon Alan Conrad, born 02/25/2007. The parties shall have an equal right
to make all major non -emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child 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.
c.
2. Physical Custody: Absent agreement otherwise, Mother and Father shall arrange2sha ed '
physical custody of Landon on a repeating two week 2/2/5/5 schedule as followsz A.
a. Mother shall have custody every Monday and Tuesday overnig , atl> shag;
have Wednesday and Thursday overnights and the parents shallR nate the '
weekends Friday through Monday. r---( = C`
b. Exchanges shall be at school when it is in session; when there ish,
exchanges shall be at the summer camp (Currently the YMCA Gridg
camp).
c. The non-custodial parent shall provide transportation for the exchairge of
custody, including the holiday exchanges.
d. Each parent shall ensure that the Child attends his regularly scheduled extra-
curricular activities when he is in their respective custody.
e. Absent agreement otherwise or further Order of Court, Landon shall continue in
his current school district.
f. The parents may alter the custody schedule by mutual agreement.
Regular Physical Custody Schedule (M=mom D=dad
Monday
Tuesday_
Wednesday
Thursday
Friday
Saturday
Sunday
D M
M
M
D
D
D M
M
M
M
M
M
D
D
D
D
D
4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis. Absent agreement otherwise, the non-custodial parent shall call Landon at 6 pm and any
missed calls shall be returned as soon as possible.
5. Right of first refusal: In the event that the custodial parent should require a care-
taker/babysitter for the Child a period of time in excess of three hours, the custodial party shall
first offer said opportunity to the non-custodial parent.
6. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling
(with the focus on co -parenting) with a qualified individual. The parties shall select and set up
an appointment within ten days of the instant Order. The cost of the counseling after
appropriate payment through insurance shall be split equally between the parties. Each parent
shall adhere to any recommendations made by said counselor.
7. Holidays: In the absence of mutual agreement, the parents shall arrange the holiday schedule
as attached. Landon's birthday: This period shall be from 5:00 pm the day before until 6:00
pm on his birthday. Father has this period in even years, Mother has this period in odd years.
8. Vacation: Each parent shall have one week of vacation (seven overnights in a row) with the
Child per year. The requesting parent shall give the other parent 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical custody schedule.
The vacation week shall encompass the parents' regularly scheduled weekend. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by mutual agreement.
Mother has already requested vacation from 08/08/14 through 08/14/14
9. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
10. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child'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 Child.
11. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
12. 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 not engage in smoking around the Child. The parties shall
likewise assure, to the extent possible, that other household members and/or house guests
comply with this provision.
13. 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.
14. A status conference with the assigned conciliator is hereby scheduled for Friday June 27, 2014
at 10:30 am.
15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of written mutual consent, the
terms of this Order shall control.
Distribution:
vin Conrad, 891 Hamilton St., Carlisle, PA 17013
ulie Wehnert, Esquire
�hn J. Mangan, Esquire
By the Court,
a(A)Aji, the/
J.
�Esf2�.�
HOLIDAYS AND
SPECIAL DAYS
TIMES
EVEN
YEARS
ODD
YEARS
Easter Day 1st Half
From 3 pm Saturday until 2 pm
Sunday
Mother
Father
Easter Day 2nd Half
From 2 pm Sunday until Monday 8
am
Father
Mother
Memorial Day
From 9 am until 9 pm
Mother
Father
Independence Day
From 9 am until 9 pm
Father
Mother
Labor Day
From 9 am until 9 pm
Mother
Father
Halloween
From one hour before trick or
treating to one hour after trick or
treating
Mother
Father
Thanksgiving 1st
Half
From 8 am Thanksgiving Day to 2
pm on Thanksgiving Day
Father
Mother
Thanksgiving 2nd
half
From 2 pm on Thanksgiving Day to
8 pm
Mother
Father
Christmas 1st Half
From 2 pm on 12/24 to 2 pm on
12/25
Father
Mother
Christmas 2nd Half
From 2 pm on 12/25 to 2 pm 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 Saturday 5 pm until Sunday 5
pm
Mother
Mother
Father's Day
From Saturday 5 pm until Sunday 5
pm
Father
Father
KEVIN CONRAD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 07-6148 CIVIL ACTION LAW
DANIELLE BURD, N/K/A
DANIELLE GUILLES
Defendant
IN CUSTODY
Prior Judges: Christylee L. Peck, J. on prior custody Order
Thomas A. Placey, J. on emergency petition
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: cz
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows: .-?
Name Date of Birth Currently in the Custody of
Landon Alan Conrad 02/25/2007 Father and. Mother
2. A stipulated Order was issued November 13, 2007, a Conciliation Conference Was held
with regard to this matter on April 17, 2012, an Order issued April 23, 2012, an -Order
issued February 06, 2013, a conference was held February 13, 2013, an Order issued
February 26, 2013, an Order issued March 25, 2014 and a conference was held April
22, 2014 with the following individuals in attendance:
The Mother, Danielle Guilles, with her counsel, Julie Wehnert, Esq.
The Father, Kevin Conrad, self -represented party
3. The undersigned recommends, and the parties agree to, the entry of an Order in the
form as attached.
/jam
Date `
Jo
C
angan, Esquire
Conciliator
KEVIN CONRAD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 2007-6148 (")
v
DANIELLE BURD, N/K/A : CIVIL ACTION — LAW mco
DANIELLE GUILLES, c,r-
Defendant : IN CUSTODY
r --
C)
STIPULATION'` `�'
AND NOW, this J g day of `JU06- , 2014, it is STIPULATED and -
AGREED by and between the parties, Kevin Conrad (hereinafter "Father"), and Danielle
Burd (hereinafter "Mother"), intending to be legally bound hereby, that an Order
regarding the custody and visitation of their minor biological child Landon Alan Conrad,
born February 25, 2007 (hereinafter the "child") shall be entered as follows:
1. Legal Custody: It is the intention of the parties and the parties agree
that Mother and Father will have shared legal custody of the child. The parties shall
have an equal right to make all major non -emergency decisions affecting the child's
general well-being including, but not limited to, all decisions regarding health, education
and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all
records and information pertaining the child, including but not limited to, medical, dental,
religious or school records, the residence address of the child 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
C)
CD
rri
crD
KC DB
of the child. The parents agree not to attempt or alienate the affections of the child from
the other parent. Each party shall notify the other of any activity or circumstance
concerning their child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the party then having physical
custody. The party with custody of the child on any given day shall be solely
responsible for transporting the child to and from all appointments scheduled on said
day. With regard to any emergency decisions which must be made, the party having
physical custody of the child at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby. However, that party shall inform the
other of the emergency and consult with him or her as soon as possible.
A parent shall provide complete contact information for both parents whenever
emergency or contact information is requested by form or otherwise by any school,
daycare provider or treating professional. Despite this Order, if any service provider or
professional still requires a release for a parent to access the child's educational,
religious or medical information, both parents shall execute a release within ten (10)
days of any written request by the other parent or his or her counsel.
2. Physical Custody: Mother and Father shall share physical custody of the
child on a 2-2-5-5 schedule. The child shall continue to be enrolled in Cumberland
Valley School District.
(a) Summer — On Mondays after Father's weekend and Fridays of Father's
off -weekend Mother shall pick-up the child at Father's residence at 7:30
2
KC DB
am. On Wednesdays and Fridays of Mother's off-weekend, Father will
pick-up the child at Mother's residence at 7:30 am.
(b) School Year — On Mondays after Father's weekend and Fridays of
Father's off-weekend, Father will drop child off at school and child will be
picked up from school by Mother. On Wednesdays, and Fridays of
Mother's off-weekend, Mother will drop child off at school and Father will
pick child up from school.
3. Holidays
a. Christmas: Custody of the child during the Christmas holiday shall
be divided into two segments. Segment A runs from 3:00 pm on December 24th
until 2:00 pm on December 25th. Segment B runs from 2:00 pm on December
25th until 2:00 pm on December 26th. Mother shall have Segment A in all odd-
numbered years and Segment B in all even-numbered years. Father shall have
Segment A in all even-numbered years and Segment B in odd-numbered years.
b. Thanksgiving: Thanksgiving will be shared between the parties
with Mother enjoying custody of the child from 2:00 pm until 8:00 pm when
Mother shall return the children.
c. Easter: Custody of the child during the Easter holiday shall be
divided into two segments. Segment A runs from 3:00 pm the day before Easter
until 2:00 pm on Easter day. Segment B runs from 2:00 pm on Easter day and
to continue the normal schedule on Monday. Mother will always have Segment
A in even numbered years and Segment B in odd numbered years. Father shall
3
KC DB
have Segment A in odd numbered years and Segment B in even numbered
years.
d. Halloween and Trick -or -Treating: Custody of the child for Trick -
or -Treat night shall be shared by the parties. Mother shall take the child trick -or -
treating in even years and Father shall take the child trick -or -treating in odd
years.
e. Mother's Day and Father's Day: Mother shall always have
custodial time on Mother's Day and Father shall always have custodial time on
Father's Day. Father shall have custody from 5:00 pm the day before to 5:00 pm
the day of and Mother shall have custody from 5:00 pm day before to 5:00 pm
the day of.
f. Holiday time: Holiday time shall take priority over regular custodial
time; once the Holiday time has ended, the parties shall return to their normal
custodial schedule.
4. Summer Vacation Time: Each parent shall be entitled to one (1) full
week of vacation time with the child in the summer. This vacation time must coincide
with that parent's custodial weekend. Each parent shall notify the other parent by
writing no Tess than thirty days prior to the onset of said vacation. In the event that the
parties both intend to utilize vacation on the same dates, the party providing notice first
shall prevail and shall be entitled to vacation custody on those dates.
5. Transportation: Unless otherwise stated, all transportation shall be the
responsibility of the parent receiving custody. The party with custody of the child on any
4
KC DB
given day shall be solely responsible for transporting the child to and from all
appointments and activities scheduled on said day.
6. Parents should provide one another with a phone number and address
where the child may be contacted, whenever reasonably possible. This principle
applies to situations such as vacations. Each parent should be promptly and politely
responsive to the other parent's telephone calls. Each party agrees to supply the name,
address and phone numbers of any persons in whose care the child will be for a period
in excess of eight (8) hours, and for each person or entity which may provide day care
for the child.
7. Extracurricular Activities: Each parent shall provide to the other at least
forty-eight (48) hours advance notice of school or other activities. Both parents shall
agree to honor and participate in the activities that the child wishes to engage in.
During the times that each parent has custody of the child, he or she will make certain
that the child attends any extracurricular activities, and will be responsible for
transporting the child to and from those activities, including preparations and/or
practices for those activities.
8. Disparaging Remarks: Each parent agrees not to attempt to alienate
the affections of the child from the other and will make a special conscious effort not to
do so. Both parents shall establish a no -conflict zone for their child and refrain from
and, to the extent possible, shall not permit third parties from making such comments in
the presence of the child whether the child is sleeping or awake. Each parent shall
speak respectfully of the other whether it is believed the other reciprocates or not. Each
5
KC DB
parental figure shall refer to the other by the appropriate role name such as Mom, Dad,
your grandmother, etc. Each parent should agree to refrain from encouraging the child
to provide reports about the other parent. Communication should always take place
directly between parents, without using the child as intermediaries.
9. Illness of the Children: Emergency decisions regarding the child shall
be made by the parent than having custody. However, in the event of any emergency
or serious illness of the child at any time, any party then having custody of the child
shall immediately communicate with the other party by telephone or any other means
practical, informing the other party of the nature of the illness or emergency, so that the
party can become involved in the decision-making process as soon as practical.
10. Removal from Area: Neither parent shall take the child on a day -trip over
the state line or to a point more than 150 miles from the home of the other parent
without giving twenty-four (24) hours' notification as to where the child will be to the
other parent.
11. Relocation of a Parent: 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.
6
KC DB
12. It is the intention of the parties and the parties agree that this Stipulation of
custody represents an attempt by the parties to meet their respective desires regarding
custody, and the best interests of the Children.
13. Applicable Laws: Any provision in this Agreement regarding child
custody and visitation shall be governed and enforceable as set forth in the applicable
Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law
or in equity.
14. Modification: The provisions of this Agreement may only be modified by
a further Order of Court or a written agreement between the parties which has been
submitted to the Court for further Order.
15. The parties realize it is in the child's best interest for open communication
to be maintained between the child and both parents. Therefore, the parties agree to
permit the child to have reasonable open electronic and phone communication with the
opposite parent during custodial times.
16. The parties agree that periodic updates to each parent regarding
insurance changes affecting the child, active contact numbers, and any other issue that
directly affects the child are in the best interests of the child. Therefore, each parent
agrees to freely and immediately within a reasonable time period provide such updates
to the other party.
17. In regards to educational conferences and information the school district
will be required to send all communications to both parents. If the parties cannot agree
to jointly participate in any scheduled conferences with the school district, then two
7
KC DB
separate conferences are to be scheduled so that each parent can individually
participate in the educational needs of the child.
18. The parties agree that the significant others of either parent, whether they
be spouses or paramours, may not attend any function at school or extracurricular
without the parent present.
19. The parties hereby agree that the terms of this Custody Stipulation shall
be entered as a Final Order of Court in the captioned matter, superseding in full any
prior Orders entered in this matter.
Sworn to or affirmed and
Acknowledged before me by
Kevin Conrad
On
, 2014
Notary Public
Jividen & Wehnert, LLC
3329 Market Street
Camp Hill, PA 17011
J ! ie A. Wehnert, Esquir
ttorney for Defendant
KC DB
8
Kevin Conrad
519 Gutchall Road
Boiling Springs, PA 17007
Danielle Burd
38 Hamlet Circle
Mechanicsburg, PA 17055
Defendant
JIVIDEN & WEHNERT, LLC
JULIE A. WEHNERT, ESQ.
ATTORNEY I.D. 307900
3329 Market Street
Camp Hill, PA 17011
(717) 730-3700
jawehnertCa�gmaiI.com
KEVIN CONRAD,
Plaintiff
vs.
ati JUL —u AM 10:
CUMBERLA..NO COW
PENNSYLVANIA
Attorney for Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6148
DANIELLE BURD, N/K/A : CIVIL ACTION — LAW
DANIELLE GUILLES,
Defendant : IN CUSTODY
CUSTODY ORDER ADOPTING STIPULATION OF PARTIES
AND NOW, this 2z day of
, 2014, upon consideration of the
attached Custody Stipulation and on the motion of Julie A. Wehnert, Esquire, attorney
for Defendant, it is hereby ORDERED that the terms, conditions and provisions of the
attached Custody Stipulation are adopted as an Order of Court as if set forth herein at
length.
BY THE COURT:
%&L, 7,&C
Judge
0O'3 'CS /2_11-Ei_
J. 1.0e.Llenzt
7/6/1y