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HomeMy WebLinkAbout08-0823DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 68- Sa3 CivtilTem VANESSA L. BURTON, Defendant CIVIL ACTION -LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary located at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. GS_ Fd, 3 VANESSA L. BURTON, Defendant CIVIL ACTION -LAW DIVORCE COUNTI COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 2. 3 4, 5. 6. 7. 8. Plaintiff is Douglas C. Burton, who currently resides at 4710 Duncastle Avenue, Apt. 1 H, Fayetteville, North Carolina 28314 and has so resided since October 18, 2007. Defendant is Vanessa L. Burton, who since December 9, 2007 resides at both 1220 Brandt Road, Mechanicsburg, Cumberland County, PA 17055 and 2109 Cedar Run Road, Apt. 306, Camp Hill, PA 17011. Neither Defendant or Plaintiff have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. Defendant is currently domiciled in the Commonwealth of Pennsylvania. The Plaintiff and Defendant were married on June 7, 2005 in Cumberland County, North Carolina. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. The parties have been separated since January 17, 2008. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court enter a Decree of Divorce. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. In the event a Divorce by consent is not earlier entered into, after two (2) years have elapsed from the date of separation, Plaintiff intends to file his Affidavit of having lived separate and apart for at least 2 years. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the Court require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from the date of separation and Plaintiff has filed his Affidavit, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code. YOFFE & YOFFE, P.C. By . Jeffrey N. Yoffe, sq. Attorney for Douglas Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Dated: - I Z) , A? Douglas . Burton l ?? SF a (A :x f/`' trf ..? 04 d ??Ia D CC2' ° O c° -n m co rnM j ? C1) l1 W ? W N °C OK' ?Z 3 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. U 7- F?2 3 VANESSA L. BURTON, Defendant CIVIL ACTION CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Douglas C. Burton, who currently resides at 4710 Duncastle Avenue, Apt. 1 H, Fayetteville, North Carolina 28314 and has so resided since October 18, 2007. 2 3 4. 5. 6 Defendant is Vanessa L. Burton, who since December 9, 2007 resides at both 1220 Brandt Road, Mechanicsburg, Cumberland County, PA 17055 and 2109 Cedar Run Road, Apt. 306, Camp Hill, PA 17011. Plaintiff/Father seeks primary physical custody of Summer Leigh Burton who was born on November 4, 2006 and who currently resides on a 50 -- 50 alternating basis between Father and Defendant/Mother, The child was not born out of wedlock. The child is presently in the custody of both parents. For the past 5 years, Summer has lived at the following addresses with the following people: a. November 2006 until May 2007. 1220 Brandt Road, Mechanicsburg, PA 17055. Ronald Sanderson (Maternal Grandfather), Karen Sanderson (Maternal Grandmother), Tyler Sanderson (Maternal Uncle) and Mother; b. May 2007 until June 2007. 39896 195`h St., Clitherall, Minnesota. Brenda Colton (Paternal Grandmother), Terry Colton (Paternal Step-Grandfather), Heather Colton (Paternal Aunt), Kristen Colton (Paternal Aunt), Chelsea Colton (Paternal Aunt) and Mother; c. June 2007 until August 2007. 1220 Brandt Road, Mechanicsburg, PA 17055. Ronald Sanderson (Maternal Grandfather), Karen Sanderson (Maternal Grandmother), Tyler Sanderson (Maternal Uncle) and Mother, d. August 2007 to December 9, 2007. 4710 Duncastle Avenue, Apt. I H, Fayetteville, North Carolina 28314. Father and Mother. e. December 9, 2007 to the present. Back and forth between 509 Harding Street, New Cumberland, PA 17070 and 1220 Brandt Road, Mechanicsburg, PA 17055. See above for who lives at these addresses. Mother resides at both 1220 Brandt Road, Mechanicsburg, PA 17055 and 2109 Cedar Run Road, Apt. 306, Camp Hill, PA 17011. From December 9, 2007 until January 7, 2008 and January 12, 2008 until January 17, 2008, Father resided at 1220 Brandt Road, Mechanicsburg, PA 17055. 7. The Mother of the child is Vanessa L. Burton and she currently is residing at both 1220 Brandt Road, Mechanicsburg, PA 17055 and 2109 Cedar Run Road, Apt. 306, Camp Hill, PA 17011. She is married. 8. The Father of the child is Douglas C. Burton and he is currently residing at 509 Harding Street, New Cumberland, PA 17070. He is married. 9. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides at 509 Harding Street, New Cumberland, PA 17070 with Mark Burton (Paternal Grandfather), Sidnie Burton (Paternal Step-Grandmother) and sometimes Summer. 10. The relationship of Defendant to the child is that of mother. The Defendant currently both at 1220 Brandt Road, Mechanicsburg, PA 17055 with Ronald Sanderson (Maternal Grandfather), Karen Sanderson (Maternal Grandmother), Tyler Sanderson (Maternal Uncle) and sometimes Summer and at 2109 Cedar Run Road, Apt. 306, Camp Hill, PA 17011 with Kyle Stover. 11. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. 14. The best interests and permanent welfare of Summer will be served by granting primary physical custody and shared legal custody to Douglas C. Burton. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court grant him primary physical and shared legal custody of Summer Leigh Burton. YOFFE & YOFFE, P.C. By 4ey . Yoffe, s . Attorney for Douglas Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: IDoulglas Burton C ca° W ) rn W f V -< w . DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-823 CIVIL TERM VANESSA L. BURTON, Defendant CIVIL ACTION CUSTODY PETITION FOR SPECIAL RELIEF 1. On February 8, 2008 at 2:00 p.m. in front of the Honorable Edgar B. Bayley, there is a Protection from Abuse hearing scheduled based upon a Petition filed by Vanessa L. Burton. 2. On February 4, 2008 at the above captioned docket number, Douglas C. Burton filed a Custody Complaint seeking primary physical custody of the parties minor child. 3. In the Protection From Abuse Petition, Vanessa L. Burton seeks primary physical custody of the parties' minor child and seeks a Court Order giving partial physical custody to Douglas C. Burton "when on leave from the U.S. Army". 4. Douglas C. Burton is in the Army and stationed in North Carolina. 5. Douglas C. Burton had to get a 3 day pass to attend the upcoming February 8, 2008 Protection From Abuse hearing, but future passes until Douglas C. Burton is discharged from the Army may not be obtainable. 6. Douglas C. Burton will not be discharged from the Army until March 22, 2008. 7. The minor child is Summer Leigh Burton who was born on November 4, 2006. 8. Douglas C. Burton served with the U.S. Army in Iraq from August 7, 2006 until October 18, 2007. 9. Accordingly, Summer was born while Douglas C. Burton was in Iraq. 10. Douglas C. Burton, Vanessa L. Burton and Summer actually lived together in North Carolina from on or around October 18, 2007 until December 9, 2007. 11. On January 7, 2008, Douglas C. Burton returned to the Army in North Carolina as required. 12. On January 12, 2008, Vanessa L. Burton was arrested for Criminal Trespass-Enter Structure, Attempt to Commit Theft and Theft by Unlawful Taking. See Exhibit "A". 13. After her arrest on January 12, 2008 until January 18, 2008, Vanessa L. Burton was committed to the Psychiatric Division of Holy Spirit Hospital. 14. On January 12, 2008, upon hearing of Vanessa L. Burton's arrest and commitment to the Psychiatric Ward of Holy Spirit Hospital, Douglas C. Burton returned to Pennsylvania and actually lived at Vanessa L. Burton's parents' house until January 17, 2008 with Summer, the parents of Vanessa L. Burton and other members of Vanessa L. Burton's family. 15. From January 18, 2008 until January 29, 2008, Douglas C. Burton and the parents of Vanessa L. Burton shared and alternated physical custody of Summer with both parties (i.e. 1-Vanessa's parents and 2-Douglas) getting Summer on a 2 day on and 2 day off basis. 16. As set forth above, Douglas C. Burton has been caring for Summer when he can have her and he has made arrangements for his family members to watch Summer in North Carolina while he is on duty. 17. The Army required Douglas C. Burton to return to North Carolina on January 29, 2008, which he did, without Summer. 18. Douglas C. Burton wants his daughter to be with him in North Carolina for at least half the time between January 29, 2008 and March 22, 2008, pending further Order of Court or written agreement of the parties. 19. Through her Attorney on the Custody issue (R. Mark Thomas, Esq.), on January 28, 2008, the parties actually entered into an agreement, via offer and acceptance, to split custody of Summer for the period of time from January 28, 2008 forward, until further Order of Court or written agreement of the parties. See Exhibit "B". 20. The Protection From Abuse petition was signed by Vanessa L. Burton on January 28, 2008. 21. Therefore, at the same time as Vanessa L. Burton's Custody Attorney and the undersigned entered into a final agreement (via offer and acceptance) for interim Custody, Vanessa L. Burton also filed a Protection From Abuse Petition leading to the entry of a Temporary Custody Order granting Douglas C. Burton Custody rights substantially less then what was agreed to by Vanessa L. Burton's Custody Attorney and the undersigned on the very same day. 22. What is attached as Exhibit "B" is actually a modification of Douglas C. Burton's initial proposal to Vanessa L. Burton. 23. The modification was made at the request of Vanessa L. Burton's Attorney, R. Mark Thomas, Esq. 24. Douglas C. Burton's initial proposal to Vanessa L. Burton is attached hereto as Exhibit "C". WHEREFORE, Douglas C. Burton requests the Court enforce the agreement between the parties attached hereto as Exhibit "B". YOFFE & YOFFE, P.C. By /0? / FFRE N. YOFFE, ESQUIRE Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Petition are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: J.1OV6 , Douglas . Burton t aft Judge Assigned: OTN: Arresting Agency: Arresting Officer: Complaint/Incident # County: Township: Name: Date Of Birth Magisterial District Judge 09-1-01 Docket Number: CR-0000027-08 Criminal Docket COMMONWEALTH OF PENNSYLVANIA V. BURTON, VANESSA LEIGH Page 1 of 1 CARE INFORMATION CLEMENT, JR, CHARLES A Issue Date: L 393890-0 File Date: 01/12/2008 LOWER ALLEN TWP, POLICE DEPT Case Disp: JUSTH, KATIE A Disp Date: Requested: $0.00 CUMBERLAND Judgment: LOWER ALLEN TWP C? NbAW 14FdF WATtb?( BURTON, VANESSA LEIGH Address: MECHANICSBURG, PA 17055 11/22/1985 Sex: Female Race: White r- BAIL Bail Type: Unsecured Status Date: 01/12/2008 Bail Status: Set Posting Date: Bail Amount: $10000.00 O/S Amount: $10000.00 GHARGE3 # Charge Description Disposition 1 18 § 3503 §§ A11 CRIMINAL TRESPASS-ENTER STRUCTURE 2 18 § 901 §§ A ATTEMPT TO COMMIT THEFT 3 18 § 3921 §§ A THEFT BY UNLAWFUL TAKING s ,- Schedule Date Event Type Status 01/12/2008 Arraignment 02/04/2008 Preliminary Hearing CONT 03/17/2008 Preliminary Hearing CASE --AC000NTING Total Due: $0.00 Total Adj: $0.00 Total Paid: $0.00 Balance: $0.00 A F F IA NT- I MrO RMAA'I'I O N Name: JUSTH, KATIE A 1200 Printed: 0210612008 10:36 am Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. EXHIBIT "A" LAW OFFICES YOFFE & YOFFE, P.C. 214 Senate Avenue * Suite 404 Camp Hill, Pennsylvania 17011 NORMAN M. YOFFE JEFFREY N. YOFFE DATE: January 29, 2008 TO: R. Mark Thomas, Esq. ATTN: FAX NUMBER: 796-3600 FROM: Jeffrey N. Yoffe, Esq. NO. OF PAGES: (4) Including this one RE: Burton Telephone (717) 975-1838 Fax (717) 975-1912 It looks like yesterday's e-mail to you did not go through. I am faxing that e-mail to you. Thank you. Sincerely, YOFFE & YOFFE, P.C. By Jeffrey N. Yoffe jyoffe@verizon.net EXHBIT "B" Jeffrey Yoffe From: Jeffrey Yoffe oyoffe@verizon.net] Sent: Monday, January 28, 2008 4:48 PM To: 'Thomas, Mark (rmtesq@dejazz.com)' Subject: Burton Attachments: agreement.pdf Contacts: Thomas, Mark Your proposal this morning that the parties should alternate physical custody on a 2 week on and 2 week off basis, until further Order of Court, or agreement of the parties, is acceptable. I modified the agreement and the same is attached. Vanessa/Vanessa's parents took possession of Summer this morning. Douglas is leaving for North Carolina tomorrow. Accordingly, I think Vanessa's 2 weeks should start today. Doug told me he spoke with Vanessa's mother and she indicated she was not going to sign anything until her lawyer reviewed the document. Jeffrey N. Yoffe, Esq. ivoffet'a-verizon. net 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Ph: (717) 975-1838 Fax: (717) 975-1912 Practice areas: Immigration, Divorce/Custody, Bankruptcy and General Practice EXHBIT "B" AGREEMENT PREPARED BY JEFFREY N. YOFFE, ESQ. 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838; jyoffe@verizon.net 1. Vanessa Burton and Douglas Burton are currently living separate and apart and anticipate living separate and apart from this point forward. 2. As indicated by their signatures hereto, Vanessa and Douglas have reached an agreement on sharing physical custody of Summer pending further Order of Court. 3. Douglas has advised Vanessa that he intends to file with the Cumberland County Court of Common Pleas a complaint for Divorce and also a complaint for primary physical custody of Summer. 4. Douglas recognizes that Vanessa may ask a Court to award her primary physical custody of Summer. 5. Douglas and Vanessa agree that nothing within this agreement is intended act as a waiver of either parent's ability to argue to a Court at a later date that they should be the primary custodian of Summer. 6. Both Vanessa and Douglas agree that it is in the best interests of Summer, pending further Order of Court, to minimize as much as possible conflicts between Vanessa and Douglas regarding who gets Summer and when. 7. Pending further Order of Court or written agreement of the parties, Douglas and Vanessa agree that starting the morning of Monday, January 28, 2008, Vanessa shall have physical custody of Summer, for two weeks until Monday, February 11, 2008. Douglas shall have physical custody of Summer, for two weeks starting Monday, February 11, 2008 until Monday, February 25, 2008. Thereafter, Vanessa gets two weeks followed by Douglas' two weeks, etc. etc. until further Order of Court or written agreement of the parties. EXHBIT "B" 8. The parties shall share equally the transportation expenses and burden. Specifically, the parent who is to receive Summer has the responsibility to pick Summer up from the other parent. Vanessa L. Burton Douglas C. Burton Date: Date: EXHBIT "B" AGREEMENT PREPARED BY JEFFREY N. YOFFE, ESQ. 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838; jyoffe@verizon.net 1. Vanessa Burton and Douglas Burton are currently living separate and apart and anticipate living separate and apart from this point forward. 2. As indicated by their signatures hereto, Vanessa and Douglas have reached an agreement on sharing physical custody of Summer pending further Order of Court. 3. Douglas has advised Vanessa that he intends to file with the Cumberland County Court of Common Pleas a complaint for Divorce and also a complaint for primary physical custody of Summer. 4. Douglas recognizes that Vanessa may ask a Court to award her primary physical custody of Summer. 5. Douglas and Vanessa agree that nothing within this agreement is intended act as a waiver of either parent's ability to argue to a Court at a later date that they should be the primary custodian of Summer. 6. Both Vanessa and Douglas agree that it is in the best interests of Summer, pending further Order of Court, to minimize as much as possible conflicts between Vanessa and Douglas regarding who gets Summer and when. 7. Pending further Order of Court or written agreement of the parties, Douglas and Vanessa agree that starting the morning of Thursday, January 24, 2008, Vanessa shall have physical custody of Summer until Saturday morning January 26, 2008. Douglass shall have physical custody from the morning of January 26, 2008 until the morning of January 28, 2008. 8. Vanessa shall have physical custody from the morning of January 28, 2008 until March 1, 2008 at which point, physical custody of Summer shall switch over to Douglas. Douglass EXHIBIT "C" 41 , . shall thereafter have physical custody of Summer in North Carolina from March 1, 2008 until April 3, 2008. 9. Starting on April 3, 2008, physical custody of Summer shall be alternated between Vanessa and Douglas on an equal basis on a 2 day rotation. Vanessa shall have physical custody for the first two days beginning on April 3, 2008 and then Douglas shall have physical custody for 2 days beginning on April 5, 2008, and so on and so on. Vanessa L. Burton Douglas C. Burton Date: Date: EXHIBIT "C" DOUGLAS C. BURTON, Plaintiff VS. VANESSA L. BURTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-823 CIVIL TERM CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing Petition for Special Relief on the below individuals in the manner indicated. R. Mark Thomas, Esq. Faxed to 796-3600 Mailed to: 101 South Market Street Mechanicsburg, PA 17055 Jessica C. Hoist, Esq. Grace E. D'Alo, Esq. Faxed to 243-8026 Mailed to 401 East Louther Street, Suite 103, Carlisle, PA 17013 E-mailed to iholst a midpenn.org YOFFE & YOFFE, P.C. Date: February 6, 2008 By F N. YO FE, ESQUIRE Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyofLe pverizon. net - .- Gt7 ti3? DOUGLAS C. BURTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VANESSA L. BURTON DEFENDANT 2008-823 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 07, 2008 , 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, PA 17055 on Tuesday, March 11, 2008 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 m7w 4v q c,, • l 1 WV 9-- 833 0OOZ ?C3Y??..??V?ti.f?t.si? ?Cl.?. J? DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-823 CIVIL TERM VANESSA L. BURTON, Defendant CIVIL ACTION CUSTODY SECOND PETITION FOR SPECIAL RELIEF 1. The minor child who is the subject of the above captioned proceedings is Summer Leigh Burton who was born on November 4, 2006. 2. On January 17, 2008, the parties separated. 3. On February 4, 2008, at the above captioned docket number, Douglas C. Burton filed a Custody Complaint seeking primary physical custody of the parties' minor child as well as a Divorce Complaint. 4. On February 7, 2008, Douglas C. Burton filed a First Petition for Special Relief seeking to enforce what he thought was an agreement reached between himself and Vanessa L. Burton through the undersigned and Attorney Mark Thomas. That Petition for Special Relief is incorporated herein by reference. 5. On February 8, 2008, a hearing was held in front of the Honorable Edgar B. Bayley on a Protection from Abuse Petition scheduled as a result of a Petition for protection filed by Vanessa L. Burton. 6. The Honorable Edgar B. Bayley decided not to hear the First Petition for Special Relief at the same time as the February 8, 2008 Protection from Abuse hearing. 7. Instead, Judge Bayley decided the Petition for Special Relief should be referred to the Custody Conference officer. 8. On March 3, 2008 a Custody Conference was held in front of Attorney Dawn S. Sunday. 9. At the March 3, 2008 Custody Conference, Douglas C. Burton was represented by the undersigned and Vanessa L. Burton was represented by Attorney Samuel L. Andes. 10. At the Custody Conference, the parties were unsuccessful in reaching an agreement for an interim Order regarding physical custody pending further Order of Court. 11. At the Custody Conference Douglas C. Burton requested a Custody evaluation be performed by Deborah L. Salem, CACD, LPC and that the evaluation be paid for by the parties' soon to be received $4,200.00 Federal Income Tax refund for year 2006. 12. After the March 3, 2008 Custody Conference, Douglas C. Burton learned that about $1,400.00 of the refund has been received to date. The balance of the refund will be received after an amended 2006 return is filed. 13. Vanessa L. Burton is undecided at this point whether she will agree to the Custody evaluation. 14. With the exception of the weekend starting after the conclusion of the Friday, February 8, 2008 Protection from Abuse hearing until around noon on February 10, 2008, Douglas C. Burton has not received any time with Summer subsequent to January 29, 2008. 15. On or around February 8, 2008, Vanessa L. Burton advised Douglas C. Burton that she refused to permit Summer to be in North Carolina with Douglas C. Burton even though Douglas C. Burton's mother is able to watch Summer while Douglas C. Burton works during the day. 16. It is not easy for Douglas C. Burton to get leave from the U.S. Army, so as a practical matter, subsequent to January 29, 2008, Douglas C. Burton could not spend time with Summer in Pennsylvania. 17. Subsequent to January 29, 2008, transportation of Summer to North Carolina, which is about a 7 hour drive, could have been done by Douglas C. Burton's mother, however, again, Vanessa L. Burton refused to permit Summer to go to North Carolina. WHEREFORE, Douglas C. Burton requests the Court Order as follows: 1) That the parties shall participate in a Custody evaluation to be performed by Deborah L. Salem, CACD, LPC; 2) That the parties shall facilitate paying for the evaluation out of the $4,200.00 Federal Income Tax refund for year 2006 with such facilitation to include but not be limited to signing an amended 2006 return for the purpose of getting the balance of the $4,200.00 refund; 3) Pending further Order of Court, starting on March 26, 2008, physical custody of Summer shall be shared between the parties on an alternating 1 week on and 1 week off basis; and 4) Pending further Order of Court, physical custody of Summer on major holidays (Easter, Memorial Day, July 4`h, Labor Day, Thanksgiving, Christmas and New Years) shall be divided evenly as agreed to by the parties. YOFFE & YOFFE, P.C. B 0RE:'?ft--OFF, Y ESQUIRE JF RE Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 1yofea),verizon.net N O ? o m p "?T7 r Q C1! N 6 t'a`i R DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-823 CIVIL TERM VANESSA L. BURTON, Defendant CIVIL ACTION CUSTODY PRAECIPE TO MAKE VERIFICATION PART OF THE RECORD To The Cumberland County Prothonotary: Please file this praecipe and make the attached verification part of the record. Please allow this praecipe to serve as a representation of the undersigned that the attached verification was mistakenly left off the Second Petition For Special Relief which was filed in your office on March 5, 2008. YOFFE & YOFFE, P.C. Date: March 6, 2008 By AI?FRft N. Y F 'E, ESQUIRE Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 loo ffe.verizon. net DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-823 CIVIL TERM VANESSA L. BURTON, Defendant CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing Praecipe on the below individual by First Class U.S. Mail at the address indicated. Samuel L. Andes, Esq. 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 YOFFE & YOFFE, P.C. Date: March 6, 2008 By 4 F Y N. FFE, ESQUIRE Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 &offeverizon. net C ni fi x> r, ; F - q c . I DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VANESSA L. BURTON, DEFENDANT 08-823 CIVIL TERM ORDER OF COURT AND NOW, this - t10ttKK day of March, 2008, the within petition for special relief, IS DENIED.' Jeffrey N. Yoffe, Esquire For Plaintiff --"Samuel L. Andes, Esquire For Defendant sal (20 f I-£.S ,n ?a I ler-L .3/1,/68 ?::rrql By the Court, Edgar B. Bayley, y 'We have entered an order to resolve the merits of this custody dispute at a hearing to be conducted on Thursday, April 20, 2008. Summer Burton was born on November 4, 2006. We are not going to hear a request for interim relief between now and then. Nor are we going to require that the parties participate in a custody evaluation regarding such a young child. 11 Q cv c ; ) Ems„ f.-_- ?.?. ?..? ?/"? O r, + i.V DOUGLAS C. BURTON Plaintiff vs. VANESSA L. BURTON Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-823 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this C0 , day of m4w-ck consideration of the attached Custody Conciliation Report, it is ordered and directed as follow2008, s: upon A•M u A hearing is scheduled in Crt Room Number TT-- House on the da of of the Cumberland County Court y 1 , 2008, ich time testimony will be taken. For purposes of the hearing, the Father, ouglas C. Burton, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. cc: '/Jeffrey N. Yoffe, Esquire - Counsel for Father V'Samuel L. Andes, Esquire - Counsel for Mother ?oa i E.s rn?.? 1 r VNtf ASN dad .. -willo C2 :6 WV I I HVW goof A8Vi )NvrIObd 3FU JO DH-4G-a-fl,`!f3 DOUGLAS C. BURTON Plaintiff vs. VANESSA L. BURTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-823 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Summer Leigh Burton November 4, 2006 Mother 2. A custody conciliation conference was held on March 3, 2008, with the following individuals in attendance: the Mother, Vanessa L. Burton, with her counsel, Samuel L. Andes, Esquire, and the Father's counsel, Jeffrey N. Yoffe, Esquire. The Father, Douglas C. Burton, is currently stationed in the military in North Carolina and participated in the conference by telephone. 3. The Father filed this Complaint for Custody seeking primary physical custody of the Child. No prior Orders have been entered in this matter. The parties did discuss the option of obtaining a custody evaluation and it is expected that the parties will continue their discussions concerning that process. The parties were not able to reach an agreement as to temporary custody arrangements pending a potential evaluation, however. Without an agreement on tempor absolute commitment to the custody evaluation process, counsel requested that a hearing be scheduled. It is anticipated that the Father's counsel will be requesting an expedited proceeding to obtain a temporary custody Order pending the hearing. 4. The Father's position on custody is as follows: The Father seeks primary physical custody of the Child. The Father indicated that he will be discharged from the military and intends to move back to the local area on March 26. In the meantime, the Father requested that he have custody of the Child in North Carolina pending his return. The Father feels that the Mother is violating an understanding they had reached prior to his return to North Carolina to fulfill his military requirements at the end of January, 2008. 5. The Mother's position on custody is as follows: The Mother seeks primary physical custody of the Child. The Mother believes that stability in the form of a primary residence is necessary for the Child and that she should be the primary custodian as the Child has lived with her since birth and the Father's contact with the Child had been limited due to his deployment in Iraq from the time of the Child's birth until she was almost one year old. The Mother opposes the Father's request for custody in North Carolina until he returns to Pennsylvania at the end of March. The Mother denies having reached an agreement with the Father as to custody arrangements previously. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the Father's counsel will be submitting a request for an expedited proceeding on temporary arrangements pending the hearing. It is anticipated that the hearing will require at least one-half day. ?r Date Dawn S. Sunday, Esquire Custody Conciliator DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-823 CIVIL TERM VANESSA L. BURTON, Defendant CIVIL ACTION CUSTODY PRAECIPE TO MAKE VERIFICATION PART OF THE RECORD To The Cumberland County Prothonotary: Please file this praecipe and make the attached verification part of the record. Please allow this praecipe to serve as a representation of the undersigned that the attached verification was mistakenly left off the Second Petition For Special Relief which was filed in your office on March 5, 2008. YOFFE & YOFFE, P.C. Date: March 6, 2008 By FFRE N. YOFF , ESQUIRE Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 iyoffegverizon. net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Petition are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Dated: Jg1 as . Burton DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-823 CIVIL TERM VANESSA L. BURTON, Defendant CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing Praecipe on the below individual by First Class U.S. Mail at the address indicated. Samuel L. Andes, Esq. 525 North 12'h Street P.O. Box 168 Lemoyne, PA 17043 YOFFE & YOFFE, P.C. Date: March 6, 2008 By ? j FFRE N. YO , ESQUIRE Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 1Yoffe verizon net N C=D a CDO -ri I'D - M _; ? M ?• ,F 35 35 DOUGLAS C. BURTON, ) Plaintiff ) VS. ) VANESSA L. BURTON, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-823 IN CUSTODY ORDER OF COURT day of ?? , 2008, the --A* AND NOW this earin in this matter originally scheduled for early April was canceled. The matter will now be h g held before the undersigned, in Court Room No. 2 of the Cumberland County Courthouse on Thursday, May 29, 2008, commencing at 8:45 a.m. Distribution: /ffrey N. Yoffe, Esquire (Attorney for Plaintiff) Hill, PA 17011 214 Senate Avenue, Suite 404, Camp amuel L. Andes, Esquire 55 North 12"' Street, P.O (Attorney for Defendant) Box 168, Lemoyne, PA 17043 4 h Z CO i r- M CL. ' ''1 fL O d d N DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW VANESSA L. BURTON, Defendant NO. 08-0823 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 2008, following a hearing, summer Leigh Burton, born November 4, 2006, shall be with her mother but temporarily shall be with her father from Saturday morning, May 31, 2008, at 9:00 a.m. unt'l Tuesday evening, June 3, 2008, at 7:00 p.m. ?. By,the Co -Jeffrey N. Yoffe, Esquire For Plaintiff .Samuel L. Andes, Esquire For Defendant ?Sheriff Edgar B. Bayley, prs c6 I F.s m ?? I s/3o?og C?„' "r• `: ?..- - ?, };.1':' ' i:; ?' - . i t a.: t•= ??, _ t_ = ?+ t: - ; ,_, __ ?? ??;J_ /-d ? L? r DOUGLAS C. BURTON, PLAINTIFF V. VANESSA L. BURTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?sa.3 08-e83-CIVIL TERM ORRDER OF COURT AND NOW, this I? "' day of June, 2008, following a hearing on the merits, IT IS ORDERED: (1) Douglas C. Burton and Vanessa L. Burton shall have shared legal custody of their daughter Summer Leigh Burton, born November 4, 2006. (2) The father and mother shall have shared physical custody of Summer on a week on week off basis with exchanges each Friday at 7:00 p.m. The first exchange shall occur on Friday, June 27, 2008, with the father receiving Summer from the mother. (3) Notwithstanding paragraph 2, at Christmas: (a) In odd numbered years, the father shall have Summer from 6:00 p.m. Christmas Eve until 12:00 p.m. Christmas Day and the mother shall have her from 12:00 p.m. Christmas Day until 9:00 a.m. on December 27th (b) In even numbered years, the mother shall have Summer from 6:00 p.m. Christmas Eve until 12:00 p.m. Christmas Day and the father shall have her from 12:00 p.m. Christmas Day until 9:00 a.m. on December 27th (c) Summer shall always spend Mother's Day with the mother and Father's Day with the father. (4) For exchanges, the parent who is receiving Summer, or that parent's designee, shall pick Summer up from the other parent. /Jeffrey N. Yoffe, Esquire For Plaintiff ,Samuel L. Andes, Esquire For Defendant :sal I ecs rY1Zi 1,118 ?og --T&7 co = -' af Lu ?w c?'v U 7 C1 Vanessa L. Burton, IN THE COURT OF COMMON PLEAS Petitioner OF CUMBERLAND COUNTY OF PENNSYLVANIA VS. CIVIL ACTION - CUSTODY Douglas C. Burton, ga3 Respondent NO. 08 - 8.8-3 CIVIL TERM PETITION TO MODIFY CUSTODY And now comes Vanessa Burton by and through her Attorney's Dissinger & Dissinger and petitions the Court to modify custody and in support of this petition avers as follows: 1. Petitioner is Vanessa L. Burton who resides at 1220 Brandt Rd., Mechanicsburg, PA 17055. 2. Respondent is Douglas C. Burton who resides at 509 Harding St., New Cumberland, PA 17070 3. Since the entry of the most recent Order of Court on June 18, 2008 (See copy attached as exhibit A), Petitioners school schedule has changed such that she is available at more times through the day to care for the child. 4. Respondent herein is employed full time through the day and serves in the Military Reserves several times per month on the weekends, and therefore being unavailable to care for the child and places the child in daycare on a regular basis. w 5. Petitioner believes it is in the best interest of the minor child of the parties who is barely two (2) years of age to be with her when she is available instead of being in daycare. 6. THIS CASE IS ASSIGNED TO THE HONORABLE EDGAR B. BAYLEY. WHEREFORE Petitioner respectfully request the Court to schedule a Custody Conference to Modify Custody. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A. Etter Dissinger Attorney for Petitioner Supreme Court I.D. #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 - fax Or DOUGLA BURTON, IN THE COURT OF COMMON PLEAS OF PL I TIFF CUMBERLAND COUNTY, PENNSYLVANIA V. j VANESSA L. BURTON, DEFENDANT 08-0832 CIVIL TERM ORDER OF COURT AND OW, this 1'8+-.day of June, 2008, following a h¢aring on the i merits, IT IS ORDERED: (1) Douglas C. Burton and Vanessa L. Burton shall have shared legal custody of their daughter Summer Leigh Burton, born November 4, 2006. (2) ;The father and mother shall have shared physical custody of Skimmer on a week on we0k off basis with exchanges each Friday at 7:00 p.m. The first exchange shall occur qn Friday, June 27, 2008, with the father receiving Summer frdm the mother. I (3) Notwithstanding paragraph 2, at Christmas: i (a) In odd numbered years, the father shall have Summer from 6:00 p.m. I Christmas Eve until 12:00 p.m. Christmas Day and the mother shad have her from 12:00 p.m. Christmas Day until 9:00 a.m. on December 27th I (b) In even numbered years, the mother shall have Summer from 6:00 p.m. Christmas Eve until 12:0.0 p.m. Christmas Day and the father shall have her fro 2:00 p.m. Christmas Day until 9:00 a.m. on December 27th (c) Summer shall always spend Mother's Day with the mother and Fat is Day with the father. (4) F r exchanges, the parent who is receiving Summer, or that p?rent's designee, ?shl all pick Summer up from the other parent. EXHIBIT a 3 i Jeffrey N. Yaffe, Esquire For Plaintiff : Samuel L. Andes, Esquire For Defendant :sal By Edgar B. OM RIECORU COPY Myl" uft s* aT?? of Cali At arlwal f.. r;jI MAILIATO ADDRESS: P. O. BOx lee =MOYNE, PA 17043 -Ot" E-MAIL: LavMnaeepaol.com i+ Ms. Vanessa. . Burton 1220 Brant Road Mechanicsburg, PA 17055 Dear Vanessa: SAMUEL L. ANDES ATTORNEY AT LAW c 525 NORTH TWELFTH STREET R O• BOX lea 14 i LEMOYNE, PENNSYLVANIA 17043 rsslEPROxa trsr? 7ss•aael VAX Ti7) 761 -1493 20 June 2008 I recei in the mail today a copy of the order entered by the court after off' custody hearing. I enclose a copy. I am sorry, and quite honestly, shocked, to report that the Judge has ordered shay ysical custody of Summer on a week-to-week basis. You and D uglasare to exchange cust Friday evenings at 7:00 p.m. and he is to start his first week on 2 June 2008. I must I was stunned by this order. I thought the testimony went in very well and that the Judge and tood Doug's violent tendencies and problems. Perhaps he forgot some of the testimony in t e two or more weeks that past between the date of the hearing and the date he entered his ore Unfortunately, however, he has ruled and we must live with this order for the present time. You h 4 the right to appeal the order to the Superior Court. Appeals in custody cases are very seldo {successfiil. The appellate courts generally do not change what the al courts did in the abs cie of a very serious mistake of law. That is because the appellate c6urts trust the trial courts to ?ke decisions based upon the testimony and the conduct of the parties. For that reason, I do n6t Think an appeal will help us in the case. Moreover, pending the appeal, we must comply with the order. I am very shocked by this result. I thought we presented a good case and, from some of the comments and expressions of the .fudge, I thought he would give Doug only weekend visitation. I was NTonr. If you,msh to discuss this natter farther, please call and :schedule an appoin`nncnt and we cain get together io do so. Sincerely, ` ainutl L..,%-ncles amh (Enclosure VERIFICATION I, Vanessa L. Burton, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1 / i` Vanessa L. Burton, Petitioner Vanessa L. Burton, Petitioner VS. Douglas C. Burton, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 08 - 0832 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Petitioner, by First Class United States mail addressed as follows: Jeffrey N. Yoffe 214 Senate Ave., Suite 404 Camp Hill, PA 17011 Date: -? Mary A. Etter Dissinger. Attorney at Law 00 0 a:? ;a VANESSA L. BURTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS C. BURTON DEFENDANT 2008-823 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 30, 2008 , 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, PA 17055 on Thursday, January 15, 2009 at 3:00 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/ Dawn S. Sunda Es q. IVA 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 -SC2-4 r ev C?. JAN ? F 2009 DOUGLASC.BURTON Plaintiff VS. VANESSA L. BURTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-823 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 01 0 day of 61?? , 2009, upon consideration of the attached Custody Conciliation 10port, it is dered and $eWd. as follows: 1'. 3o iww?? A hearing ?isL scheduled in Court Room NumbeCatwh2c-htime of the Cumberland County Court House on the 9 6, day of 2009 testimony will be taken. For purposes of the hearing, the Mother, Vanessa L. Burton, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. BY THE COURT V Edgar. B cc: Aary A. Etter Dissinger, Esquire - Counsel for Mother ;effiey N. Yoffe, Esquire - Counsel for Father ?-- era Ijj C" l ?^ L-1 Pte" 1. ? C"i r DOUGLAS C. BURTON Plaintiff vs. VANESSA L. BURTON Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-823 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Summer Leigh Burton November 4, 2006 Father/Mother 2. A custody conciliation conference was held on January 15, 2009, with the following individuals in attendance: the Father, Douglas C. Burton, with his counsel, Jeffrey N. Yoffe, Esquire, and the Mother, Vanessa L. Burton, with her counsel, Mary A. Etter Dissinger, Esquire. 3. This Court previously entered an Order in this matter after a hearing on June 18, 2008 under which the parties have shared custody of the Child on an alternating weekly basis. The Mother filed this Petition to Modify seeking primary physical custody of the Child. 4. It does not appear that the circumstances are substantially different than at the time of the prior hearing in June although the Mother has a somewhat lighter class schedule at Harrisburg Area Community College than she did previously. The high level of distrust and animosity between the parties hindered their ability to consider possible scheduling adjustments to address the concerns. The parties requested that a hearing be scheduled. 5. The Mother's position on custody is as follows: The Mother believes that as she is available at times during the week when the Father is working, the alternating weekly schedule should be modified so that the Mother has primary physical custody. The Mother was willing to consider the possibility of maintaining the alternating weekly schedule but with her having custody when she is available during the day and the Father is at work. The Mother does not believe that the Child should be in daycare during the Father's weeks when she is otherwise available to provide care for the Child. 6. The Father's position on custody is as follows: The Father opposes the Mother's request for a change in the alternating weekly custody schedule as well as the Mother's request that she have the opportunity to provide care for the Child when the Father is working during his custodial weeks. The Father believes it is best for the Child to spend time in daycare with other children in an educational setting. The Father indicated that if the Mother has additional custody of the Child during the daytime when he is at work then the Father should have additional overnights during the Mother's weeks so that each parent continues to have an equal number of hours with the Child. 6. The conciliator recommends an Order in the form as attached scheduling a hearing as requested by the parties. It is anticipated that the hearing will require less than one-half day as the issues are limited. J c,". -ozo0? ozoo Date Dawn S. Sunday, Esquire Custody Conciliator Vanessa L. Burton, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-823 CIVIL TERM Douglas C. Burton, Respondent CIVIL ACTION CUSTODY RESPONDENT FATHER'S MOTION IN LIMINE 1. A custody hearing in this matter is scheduled for March 9, 2009 at 1:30 p.m. based upon a petition to modify a custody Order filed by Vanessa L. Burton on December 23, 2008. 2. On today's date, when the undersigned read the pre-hearing memorandum filed by Vanessa L. Burton, the undersigned first learned that Vanessa L. Burton is asking the Court to award her primary physical custody (as opposed to shared physical custody) and that she wants the Court to Order that Father have partial physical custody every other weekend (as opposed to the shared physical custody which he has under the current June 18, 2008 Court Order). 3. The June 18, 2008 Court Order gives Vanessa L. Burton and Douglas C. Burton shared physical custody on a week on week off basis. 4. Paragraph 5 of Vanessa L. Burton's petition to modify the custody Order essentially sets forth the relief being requested by Vanessa L. Burton in her pleadings. 5. Paragraph 5 of the modification petition states: "Petitioner believes it is in the best interest of the minor child of the parties who is barely two (2) years of age to be with her when she is available instead of being in daycare". 6. Prior to today's date the only issue known by the undersigned upon which evidence was going to be taken at the upcoming March 9 hearing was the issue of whether the minor child would be Ordered by the Court to be in the physical custody of Vanessa L. Burton at such times that Douglas C. Burton was working and the minor child was in day care - All of which is set forth in paragraph 5 of the Custody Conciliation Report. WHEREFORE, Douglas C. Burton requests the following: A. The Court direct that the issues at trial upon which evidence can be presented are only those issues which were raised by Vanessa L. Burton in her petition to modify custody filed of record; or B. Alternatively, if the Court is going to permit Vanessa L. Burton to present evidence on the issue of whether Douglas C. Burton's shared physical custody rights should be reduced to every other weekend, then Douglas C. Burton respectfully requests that the Court notify the undersigned of the Court's decision as soon as possible in a manner deemed most appropriate by the Court. If the Court makes such a decision, Douglas C. Burton requests a continuance of the March 9, 2009 hearing - all of which will be set forth in a separate motion to be filed with the Court. YOFFE & YOFFE, P.C. Date: February 28, 2009 By Je ey N. Yo fe, Esq. Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net Vanessa L. Burton, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-823 CIVIL TERM Douglas C. Burton, Respondent CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing motion on the below individual by First Class U.S. Mail at the address indicated. Dissinger and Dissinger ATTN: Mary A. Etter Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 YOFFE & YOFFE, P.C. Date: February 28, 2009 A, 4/ BYe ey . Yoffie, sq. Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoa verizon.net :,t7 ?71 Vanessa L. Burton, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-823 CIVIL TERM Douglas C. Burton, Respondent CIVIL ACTION CUSTODY RESPONDENT FATHER'S MOTION FOR A CONTINUANCE 1. The motion in limine filed by Douglas C. Burton on today's date is incorporated herein by reference. 2. If the Court is going to permit Vanessa L. Burton to present evidence at the next hearing to the effect that she should have primary physical custody and Douglas C. Burton should only receive every other weekend, then so as to allow Douglas C. Burton to adequately prepare for a hearing on this newly raised issue, a continuance of the March 9, 2009 hearing should be granted. WHEREFORE, Douglas C. Burton requests the following: A. If the Court is going to permit Vanessa L. Burton to present evidence at the next hearing to the effect that she should have primary physical custody and Douglas C. Burton should only receive every other weekend, then so as to allow Douglas C. Burton to adequately prepare for a hearing on this newly raised issue, a continuance of the March 9, 2009 hearing should be granted. YOFFE & YOFFE, P.C. Date: February 28, 2009 By J ey N. Yoffe, Esq. Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net Vanessa L. Burton, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-823 CIVIL TERM Douglas C. Burton, Respondent CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing motion on the below individual by First Class U.S. Mail at the address indicated. Dissinger and Dissinger ATTN: Mary A. Etter Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 YOFFE & YOFFE, P.C. Date: February 28, 2009 BI iJeffrey N. Yoffe, Psq. Attorney for Douglas C. Burton 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 bYqn,verizon. net '` iv ., ,,?, -?? - _ - -? yy ^'V llj?r f j';'a ^w-? #` ry _?„_ "C l? 1 .j MR, 0 3 200-74 Vanessa L. Burton, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-823 CIVIL TERM Douglas C. Burton, Respondent CIVIL ACTION CUSTODY ORDER AND NOW, this day of , 2009, in consideration of the motion for continuance filed by Douglas C. Burton, it is hereby Ordered that the custody hearing in this matter currently scheduled for March 9, 2009 is hereby rescheduled to 2009 at a.m./p.m. in Courtroom # of the Cumberland County Courthouse. BY THE COURT Edgar B. Bayley, J. Ala loci ) S'ilt-c- Ceti. ovv mto' a.. ?.. ? ? 4LI ? . _ f cl y y l A J S I DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VANESSA L. BURTON, $a3 DEFENDANT 08-08&3-CIVIL TERM ORDER OF COURT AND NOW, this r2-- day of March, 2009, following a hearing on the merits, IT IS ORDERED: The custody order of June 18, 2008, is amended to add an additional paragraph, numbered five, as follows: (5) If the father's Guard duty falls on a weekend he is to have Summer, Summer shall stay with her mother during that period and the father shall have her on what would be the mother's next weekend for an equal amount of time.' By the Edgar B. Bayley, J. / ZJeffrey N. Yoffe, Esquire ' For Plaintiff .Mary Etter Dissinger, Esquire For Defendant :sal C41T c*es MY -LLL The mother's further requests for relief are denied. Cl.( L1 ?' ?_° , _FL2! i! 'CC r ILu ? c° U DOUGLAS C. BURTON Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.08-823 CIVIL TERM VANESSA L. BURTON, Defendan? : CIVIL ACTION DIVORCE (ACCEPTANCE OF SERVICE 1 accept service of ine iDiyorce Complaint. Date: February 15, 2008 c -10 rn rn :220 m -- = ?D C° ' 41 VANESSA L. TON 1220 Brandt Road Mechanicsburg, PA 17055 DOUGLAS C. BURTON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ..? NO. 08-823 CIVIL TERM VANESSA L. BURTON, r-?i? Defendant : CIVIL ACTION ? DIVORCE n r? AFFIDAVIT OF CONSENT C- -4 1. A Complaint in Divorce nder §3301(c) of the Divorce Code was filed on February e4. 2008. 2. The marriage of Plainti and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing nd service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit 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. Q t, 1: r-:-: C:) -*? C:)r Date: X q '' VANESSA L. BURTON DOUGLASC.BURTON Plaintiff VS. VANESSA L. BURTON, Defendant IN THE COURT OF COMMON PLEAS OF ,? CUMBERLAND COUNTY, PENNSYLVAV NO. 08-823 CIVIL TER rf'F M <-? CIVIL ACTION ? , DIVORCE ?- Z G ? p ?.,.. 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may 1 se rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim th before a divorce is granted. 3. I understand that I will and that a copy of the Decree Prothonotary. I verify that the statements false statements herein are made falsification to authorities. Date: } 7 j q ! be divorced until a Divorce Decree is entered by the Court be sent to me immediately after it is filed with the in this Affidavit are true and correct. I understand that ect to the penalties of 18 Pa.C.S. §4904 relating to unswom VANESSA L. BURT OTN DOUGLAS C. BURTON Plaintiff VS. VANESSA L. BURTON, Defendant 1. A Complaint in Divorce 2008. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-823 CIVIL TERM ' l.r . .y CIVIL ACTION rnn 2 - , DIVORCE z:;0 FIDAVIT OF CONSENT o-.r z o C) nder §3301(c) of the Divorce Code was filed on Februarl, tin _., 2. The marriage of Plaintil and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 3. I consent to the entry of a request entry of the decree. I verify that the statements r false statements herein are made falsification to authorities. Date: 3 mos 20 / / service of the Complaint. (final Decree in Divorce after service of notice of intention to in this Affidavit are true and correct. I understand that ject to the penalties of 18 Pa. C.S. §4904 relating to unsworn DOUGL C. BURTON DOUGLASC.BURTON Plaintiff VS. VANESSA L. BURTON, Defendant V CIVIL ACTION `°= -' DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-823 CIVIL TERM N c 1. I consent to the entry of al final Decree in Divorce without notice. cnr j C Y OF A { 'XM C) -TI ORCE CO 41 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will n ?t be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree v ill be sent to me immediately after it is filed with the Prothonotary. I verify that the statements false statements herein are made falsification to authorities. Date: 3 N\'6'0 o in this Affidavit are true and correct. I understand that to the penalties of 18 Pa.C.S. §4904 relating to unsworn DOUGI{ S C. BURTON Douglas C. Burton IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. Vanessa L. Burton CIVIL DIVISION NO. 08-823 CIVIL TERM PRAE? IPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together ? ith the following information, to the court for entry of a divorce C decree: 4 , - n , 1. Ground for divorce: Irretrievab le breakdown under § (3301(c)) grcn' § (3301(d) 1)) of the Divorce Code. t" a (Strike out inapplicable section.) 2. Date and manner of se ice of the complaint: February 15, 2008 - Acc eptance Of Service Q 3. Complete either paragr _ ph (a) or (b). (a) Date of execu ion of the affidavit of consent required by § 3301(c) of the Divorce cod : by plaintiff2 19/2011 ; by defendant (b) (1) Date of ex+ tion of the affidavit required by § 3301(d) of the Divorce Code i : (2) Date of fil ng and service of the plaintiff's § 3301(d) affidavit upon the respondent opposin party: 4. Related claims pending _ I 5. Complete either (a) or (a) Date and ma er of service of the notice of intention to file praecipe to transmit record, a copy o f which is attached: (b) Date plainti ffs Waiver of Notice was filed with the Prothonotary: erewith Date defend 's Waiver of Notice was filed with the Prothonotary: H erewith yI ff ? anA yo <. Attorney fo Plain tif efendant Douglas C. Burton V. Vanessa L. Burton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-823 DIVORCE DECREE AND NOW, 1-5' , 2,0l? , it is ordered and decreed that Douglas C. Burton Vanessa L. Burton bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") AC By the Court, (,e? .r+• Copy mo-ikd 40 cry y*e No be ? Copy ma, ted 40 / t i ssinger , f tole VANESSA L. BURTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2008-823 CIVIL ACTION LAW M rn r'IF=_- Z = r77 `r`?rrZ DOUGLAS C. BURTON IN CUSTODY * * -v DEFENDANT Cl) ) ? ,.? A I..F ORDER OF COURT •'r1 r.. AND NOW, Friday, Februar y 17, 2012 , upon consideration of the attached Complaint, ?C'>1? it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at? 39 West Main Street, Mechanicsburg, PA 17055 _ on _ Tuesday, March 20, 2012 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ 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. Corp YM91f eo "'/ _/V Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 may c1dy .?x VANESSA L. BURTON Plaintiff vs. DOUGLAS C. BURTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-823 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 61 day of `J ar%4 , 2012, upon AND NOW, this consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearin is scheduled in Courtroom Number J of the Cumberland County Courthouse on the A day of , 2012, at ?:Mo.m., at which time testimony will be taken. For purposes of the hear' g, the Mother, Vanessa L. Stover, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. BY THE COURT, cc: ? Jane Adams Esquire - Counsel for Mother ? Jeffrey N. Yoffe Esquire - Counsel for Father P?eS tKaJeel :,r r-; , ?? C VANESSA L. BURTON Plaintiff vs. DOUGLAS C. BURTON Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2008-823 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Summer L. Burton November 4, 2006 Mother/Father 2. A custody conciliation conference was held on April 10, 2012, with the following individuals in attendance: the Mother, Vanessa L. Stover, formerly Burton, with her counsel, Jane Adams Esquire, and the Father, Douglas C. Burton, with his counsel, Jeffrey N. Yoffe Esquire. 3. This Court previously entered Orders in this matter on June 18, 2008 and March 12, 2009 under which the parties have shared physical custody of the Child on an alternating basis. The Mother filed this Petition for Modification seeking primary physical custody of the Child. 4. At the time of the conciliation conference, the Mother had recently moved from Mechanicsburg to East Berlin and the Father had moved from Harrisburg to northern York on a temporary basis and now resides in the West Shore School District. Due to the relocations, at the conciliation conference the parties considered various options for sharing custody with one parent being the primary school year parent and the other parent being the primary summer parent. At the end of the conference, the conciliator agreed at the parties' request to hold the matter open until the end of May so that they could more fully consider their choices. A telephone conference was subsequently scheduled with counsel for the parties and held on May 30, 2012. During the telephone conference, counsel for the Mother requested the scheduling of a hearing at this time due to the necessity of determining the school district for the Child's enrollment for the 2012-2013 school year as the parties have not yet been able to reach an agreement. 5. The Mother's position on custody is as follows: The Mother believes that ideally she should have primary physical custody of the Child but she may be willing to share custody with the Father having primary custody during the summer school break and the Mother having primary custody during the school year. The Mother wants to enroll the Child in the Bermudian Springs School District where she now resides as the Mother wants to be in charge of school time responsibilities. The Mother believes that as a stay at home parent, she would be more available to the Child after school. The Mother also believes it would be best for the Child to reside with her in the summer as the Child has two half-siblings at the Mother's residence and the Mother will be home all day so daycare would not be necessary. The Mother indicated that she moved to the New Berlin area only because she was unable to find affordable housing in the Mechanicsburg area where she had previously resided. 6. The Father's position on custody is as follows: The Father indicated that he is willing to continue to share physical custody although it is no longer practicable due to the distance between the parties' residences to continue the alternating weekly schedule. The Father proposed that he have primary custody during the school year and the Mother have primary custody during the summer as she would be available during the day which eliminates the necessity for daycare. The Father does not agree with the Mother's suggestion that he have only partial custody as he has been a very involved parent and wants to continue that involvement despite the Mother's move to East Berlin. Although the Father indicated he resided temporarily in northern York, he has since obtained a residence in the West Shore School District. The Father emphasized that the Child has always resided in Cumberland County. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the issue of the school district and the custodial arrangements in light of the parties' relocations. It is anticipated that the hearing will require at least one-half day. L?/ a o lo- Date Dawn S. Sunday, Esquire Custody Conciliator DOUGLAS C. BURTON, Plaintiff V. VANESSA L. BURTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW N0. 08-0823 CIVIL TERM IN RE: INTERIM CUSTODY ORDER ORDER OF COURT AND NOW, this 23rd day of August, 2012, followinc hearing regarding the modification of the custody of Summez L. Burton, date of birth November 4, 2006, the Court finds that it is in her best interest that the following interim order be entered: 1. The parties shall share legal custody of Summer. a 2. During the 2012-2013 school year, Summer sha7~l reside primarily with mother and attend the Bermudian Sprir. School District. 3. The parties are directed to negotiate a schedule of parenting time for Summer based on her att at Bermudian Springs and submit that to the Court by the close of business on September 7, 2012. If the parties are unable to agree to those terms, they shall submit proposed schedules separately to the Court by the same deadline. as 4. Pending further order or agreement of the parties, father shall have partial custody of Summer every } ~ weekend during the school year except for when he has gu duty. By the Court, Albert H. Masl d, J. •- Y Jeffrey N. Yoffe, Esquire For Plaintiff Y Jane Adams, Esquire ~ For Defendant C ~/ Sheriff ~ s ~` I ` _ ~L ~ ~ DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO: 08-0823 : VANESSA L. BURTON, -<3- c� CIVIL ACTION - LAWS° , C DEFENDANT CUSTODY =' ; rn PETITION FOR MODIFICATION OF AN EXISTING CUSTODY ORDER 1. Plaintiff/Petitioner is Douglas C. Burton, an adult individual currently residing at 6 West Greenhouse Road,.Dillsburg, PA 7019. 2. Defendant/Respondent is Vanessa L. Burton, an adult individual currently residing at 67 Curtis Drive, East Berlin, PA 17316. 3. On September 19, 2012, the Honorable Albert H. Masland entered a Custody Order in the above listed matter. A true and correct copy of the September 19, 2012 Custody Order is attached as Exhibit A. 4. The attached Order should be modified because: a. Father intends to relocate to Iowa. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing order for custody because it will be in the best interest of the child. Respectfully submitted, JACOBSON, JULIUS &MCPARTLAND Dated: July 8, 2013 Scott Mc artland orney I.D. No.: 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717-909-5858 717-909-7788 Fax VERIFICATION I, Douglas Burton, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 1 S�LT20/,3 By: Dougla urton Exhibit A DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. VANESSA L. BURTON, Defendant 08-0823 CIVIL TERM ORDER OF COURT—PARENTING PLAN AND NOW, this _ day of September, 2012, following a hearing on August 23, 2012, regarding the above-captioned parents' physical and legal custodial responsibilities of their minor child, Summer L. Burton, DOB: November 4, 2006, it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning Summer, including, but not limited to, her health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. C. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Summer's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning her progress and welfare. e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. . The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding Summer's enrollment or termination in a particular school or school program and advancing or holding her back in school. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for Summer. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 15 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of Summer from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating her affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for Summer and refrain from making derogatory or uncomplimentary comments about the other parent in her presence and to the extent possible, shall not permit third parties from making such comments in her presence while in their physical custody, whether she is sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging Summer to provide reports about the other parry. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to Summer to be put in the role of a spy. -2- f. The child shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach Summer proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her children. h. The parents shall not permit Summer to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their child. j. It is in Summer's best interest for the parents and all adults to understand that she is trying to cope with the custody litigation and related issues, and needs help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider Summer's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to their child. C. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate decisions. -3- e. In the event of the child's serious illness, the parent then having physical custodial responsibility shaft immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If the child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the child's life, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the child is not with a parent during the weekend, that parent may telephone one time with the child during the weekend to speak with her, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of Summer's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: At the conclusion of the hearing on August 23, 2012, the court directed the parties to attempt to resolve a schedule for parenting time based on the court's determination that Summer should be enrolled in the Bermudian Springs School District. The parties having failed to reach a complete agreement, we set forth the following parameters for physical custody and encourage the parties to discuss and modify the same, as needed,by mutual agreement: -4- a. School Year: Summer will attend the Bermudian Springs School District and reside primarily with Mother during the school year. Beginning in October 2012, Father will have physical custody of Summer for three weekends of each month from Friday at 7:00 p.m. until Sunday at 7:00 p.m. i) In-service Days and Holidays: Long weekends due to school in-service days and holidays including but not limited to Martin Luther King Day, President's Day and Columbus Day shall attach to Father's weekends. The return shall be 7:00 p.m. on the holiday. In-service days or holidays occurring on Friday will attach to Father's weekends and will begin after school Thursday. In- service days or holidays occurring on Monday will attach to the prior weekend. ii) Notice: With the exception of October and November 2012, Father shall give Mother 45 days notice of the weekends he desires with the restriction that he shall enjoy no more than three consecutive weekends at any time during the school year (e.g. he may not choose the last three weekends of one month and the first weekend of the next month). b. Summer: The parties will share equally physical custody using a week on/week off schedule. Father shall enjoy the first full week of vacation from school, beginning on Sunday at 7:00 p.m. and Mother shall enjoy the last week or portion thereof prior to the start of school. c. Holidays: The holiday schedule shall take priority over the regular custody schedule. i) Thanksgiving: Father shall always have physical custody of Summer from Wednesday after school until Thanksgiving Day at 4:00 p.m. ii) Christmas: In even years, Mother shall have the child from 7:00 p.m. on December 24th through 12:00 p.m. on December 25th. Father shall have the child from 12:00 p.m. on December 25th through 12:00 p.m. on December 26th. The schedule shall reverse for odd numbered years. d. Mother's Day and Father's Day: Mother will have physical custodial responsibilities from 8:00 a.m. through 7:00 p.m. on Mother's Day and -5- Father will have physical custodial responsibilities from 8:00 a.m. through 7:00 p.m. on Father's Day. e. As the court noted at the hearing, in meeting Summer's best interests, the court will not slavishly adhere to mathematical formulas. However, if the parties are able to amicably maximize the parenting time of one another, the court will happily modify the terms herein. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the child. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. C. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the child have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the child. e. The child should be consulted as to her .schedule when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. g. If a parent is unable to keep an appointed exchange time or other appointment for the child, he or she should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the child both physically and mentally for the transfer of custody to the other parent and have her available at the time and place mutually agreed upon. 6. Transportation: Unless otherwise agreed upon, the parties shall exchange custody at the Dillsburg Giant. Third parties may transport the child. -6- 7. Extracurricular Activities: a. The parents shall organize ways for Summer to maintain her friendships, extracurricular activities, and other special interests, regardless of which household in which she resides. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice.whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which Summer wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of Summer, each parent will make certain that she attends their extracurricular activities and transport her on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the child's property, not the parents', entitling the toys or clothes to be taken back and forth by the child, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents With routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing babysitting/child-care providers. Each parent has the right of veto over child- care providers (if someone other than family members), if the objection is reasonable. The telephone numbers of any and all child-care.providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent permit Summer to spend an overnight at a place other than their primary residence or that of a family member, the other -7- parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver (if someone other than family members), if appropriate, if it can be arranged, and if it is in the best interests of the children. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. 11. Illegal Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 12. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) phone, e-mail and/or text messaging contact with their child when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their child for e-mail communication or Skype between the parents concerning parenting issues and communication with their child. b. Each parent shall send an e-mail once a week'to update the other parent about their observations of the child's emotional, mental, physical status and/or developmental milestones. 13. Relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. S 5337. Specifically, the relocating party must notify every other individual who has custody rights to the child by certified mail, return receipt requested. The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 60'day before the date of the proposed relocation. (2) the 10`x' day after the date that the individual knows of the -8- relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. b. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. (10) a counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non-relocating party that, if the non- relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non- relocating parry shall be foreclosed from objecting to the relocation. C. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that parry shall promptly inform every individual who received notice. d. If the non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the court and the other parry within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to,the proposed relocation and the court will not accept testimony challenging -9- the relocation in any further review of the custodial arrangements. e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 14. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents shall enroll in co-parenting counseling, as needed, to co-parent Summer in accordance with this order. C. The parents shall enroll Summer in private individual counseling or psychotherapy, as needed, to maintain her optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the child. 15. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the child. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the child. C. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their child. d. Mediation: Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order shall, prior to engaging in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement(NDS at 233-8255). e. If a dispute about the practical application of this Order cannot be resolved through mediation, the parents may request the appointment of a -10- Parenting Coordinator under separate Order and/or proceed through the court's conciliation process. 16. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. C. Although all provisions of this order are important, within twenty(20)days of this order each parent will submit a notarized statement to the court and to opposing counsel afFirming that he/she has read and understands the provisions in paragraphs 2, 3 and 4. BY THE COURT: `Z Albert H. Masland, J. Jeffrey Yoffe, Esquire For Plaintiff c = —+ Jane Adams, Esquire For Defendant �p O ---:c� --r: :saa v n = , c.n TRUE COPY FROA, RFCORL) in Testimony whereof, I here unto set my hand and the seal of said Court ca`rlisle, Pa. This -20 day of_^`�7`�— 20 1� Prothonotary -11- 4 DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO: 08-0823 C- C=) VANESSA L. BURTON, Mal ��- `M-�' CIVIL ACTION - LAW � DEFENDANT CUSTODY �? ;>C-7 NOTICE OF PROPOSED RELOCATION TO BE COMPLETED B - a RELOCATING PARTY PURSUANT TO SECTION 5337 --s CD I, Douglas C. Burton, parent of Summer L. Burton, intend to relocate and pursuant to 23 Pa. C.S.A. Section 5337 answers the following questions: 1. What is the address of the intended new residence? 108 South Kearney treet Oakland, Iowa 51560 2. What is the mailing address of the intended new residence? Same as above. 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? Douglas Burton, age 29. Brittany Burton, age 27. Gunnar Burton, age 11 months. 4. What is the home telephone number of the intended new residence? Unsure at this time. 5. What is the name of the new school and the new school district? Oakland Elementary School. Riverside School District. 708 Glass Street, Oakland, Iowa 51560 6. What is the date of the proposed relocation? Plaintiff tentatively plans on December 1, 2013. 7. What are the reasons for the proposed relocation? A. Plaintiff's family lives in Oakland, Iowa; B. Plaintiff s employment options will be greatly improved. 8. How do you propose to change the custody schedule that is currently in effect? A. Primary physical custody with father during the school year; B. Primary physical custody with mother during the summer vacation 9. Is there any other information that is relevant to the proposed relocation? 10. I have included a counter-affidavit that you can use to object to the proposed relocation. WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION,YOU MUST FILE THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY(30)DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. Respectfully Submitted, JACOBSON, JULIUS & MCPARTLAND Dated: July 8, 2013 cott McPartland D#209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 717.909.7788 (fax) DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO: 08-0823 VANESSA L. BURTON, CIVIL ACTION - LAW DEFENDANT CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. file this counter-affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren) affected by the proposed relocation? 2. Where does this child currently reside?. Check the appropriate box(es): ❑ 1 do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. ❑ I do not object to the relocation,but I do object to modification of the custody order and I request that a hearing be scheduled. ❑ Prior to allowing the child(ren)to relocate. ❑ After the child(ren) relocate. ❑ I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that I must file this counter-affidavit with the Prothonotary's office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty(30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unswom falsification to authorities). Date: Signature Print Name Address Telephone Number VERIFICATION I, Douglas Burton, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 2013 By: Dougla urton DOUGLAS C.BURTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA mco C_ V. 2008-823 CIVIL ACTION LAW M F VANESSA L.BURTON <-n IN CUSTODY DEFENDANT ORDER OF COURT AND NOW,-Monday,July 15,2013 ,upon consideration of the attached Complaint, it is hereby directed that pat-ties and their respective counsel appear before I Dawn S.Sunday,Esq. the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Wednesday,August 21,2013 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunday,.Esq. 116v 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 1'es _Mg Carlisle, Pennsylvania 17013 Telephone (717)249-3166 )%4y S. 44 A, 191url AA DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. F No. Civil Term VANESSA L. BURTON, : ACTION IN CUSTODY Defendant : CIVIL ACTION - LAW COUNTER AFFIDAVIT REGARDING RELOCATION NOTICE: If you do not file with the court an objection to the proposed relocation within thirty(30)days after receipt of this notice,you will be foreclosed C-; C: from objecting --O:m jecting to the relocation. MCD "n -..r M C= M— This proposal of relocation involves the following child: :F;:0 C-3 Name Age Date of Birth Address r— CJ <t--; = CD--ri Summer L. Burton 6 11/4/2006 67 Curtis Lane East Berlin, Pa. I have received notice of the proposed relocation and: co 1. 1 do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for the revised custody schedule as attached to the notice. 2. 1 do not object to the relocation, but I do ob*ect t od !—���ofhp--gqstody order, AnI request that a hearing be scheduled. a. prior to allowing Summer L. Burton to relocate. b, after the child relocates. 3. 1 do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2)or(3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within thirty (30)days, of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this 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. 1 volu�scf so'ndee-s#', 4( IX Date: P dig Vahessa L. Stover, Defendant f/k/a Vanessa L. Burton DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO: 08-0823 VANESSA L. BURTON, -� CIVIL ACTION - LAW r C DEFENDANT CUSTODY CD ' ACCEPTANCE OF SERVICE I, Jane Adams, attorney for Defendant, Vanessa L. Burton in the above action, accept service of the Petition for Modification of an Existing Custody Order and Notice of Proposed Relocation. DATE: /Is— t )Je amt S outh Street , PA 17013 i ) DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 77, •v. NO: 08-0823 VANESSA L. BURTON, • u; : CIVIL ACTION - LAW = = , DEFENDANT CUSTODY :,-41 Y-, c) PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF c AND NOW COMES, Douglas C. Burton, Plaintiff, by and through his attorneys, Jacobson, Julius&McPartland, who files this Emergency Petition for Special Relief, and in support thereof, state as follows: 1. Plaintiff, Douglas C. Burton (hereinafter"Father")f is an adult individual residing at 6 west Greenhouse Road, Dillsburg, PA 17019. 2. Defendant, Vanessa L. Burton(hereinafter"Mother"), is an adult individual residing at 326 Old Stone House Road, Churchtown, PA 17050. 3. Father and Mother are the biological parents of one minor child, Summer L. Burton(DOB 11/04/2006) (hereinafter"Child"). 4. Father and Mother are subject to a Custody Order dated September 19, 2012. A true and correct copy of the September 19, 2012 Order is attached as Exhibit A. 5. On July 10, 2013, Father filed a Notice of Proposed Relocation and Petition for Modification of an Existing Custody Order. A true and correct copy of the Notice of Proposed Relocation is attached as Exhibit B and the Petition for Modification is attached as Exhibit C. 6. On August 7, 2013 Mother filed her Counter-Affidavit Regarding Relocation objecting to the relocation and modification of the Custody Order. 7. In or around the middle of August, 2013, Mother was told to vacate her home by 6 cwt.. °� Iasi • her husband because of marital difficulties. It is believed that a Divorce Complaint has been filed. 8. Mother moved in with her grandmother in Mechanicsburg, Pennsylvania. 9. On August 29, 2013, the parties attended a Custody Conciliation in which the issues were not resolved. 10. It was agreed that the Child would be enrolled at Silver Spring Elementary School. 11. Thereafter, both parties agreed to attend additional mediation with Maryann Murphy, Esq. without counsel. 12. Mother then unilaterally withdrew the child from Silver Spring Elementary School and enrolled her at Monroe Elementary School because it is believed that she moved in with her mother. 13. Mother did not discuss the school withdrawal or relocation with Father. 14. On or about October 20, 2013, Mother and Father reached an agreement whereby Father was going to relocate to Iowa and have primary custody throughout the school year and Mother would have primary custody throughout the summer. A true and correct copy of the proposed agreement is attached as Exhibit D. 15. On or about October 21, 2013, Father received a text message from Mother asking if he could pick up the Child from school because she had no money and could not care for the Child. 16. Father did pick up the Child from school and has assumed custody of the Child since then. 17. Father has not received any communication from Mother since that date. 18. Father's understanding was that Mother could not care for the Child and she was relinquishing custody to him effective immediately. 19. The school secretary informed Father that Mother and the child were visibly distraught. 20. The Child informed Father that she was told by Mother that Father would have custody and Mother would see the Child on holidays and during the summer. 21. Mother had not contacted the Child or Father since he took custody on October 21, 2013. 22. On October 29, 2013, Mother unilaterally, and without discussion with Father, withdrew the Child from Monroe Elementary School at 2:20 p.m. 23. Father received a courtesy call from the school secretary informing him of this. 24. Father has been unsuccessful in reaching Mother by telephone. 25. Father is concerned with Mother's mental state as she has a history of depression. 26. Father is concerned for the safety of his daughter given Mother's erratic and irrational behavior and lack of stability. 27. Mother has given custody of her other two children to their father. 28. Mother has relocated two times within the last two months resulting in the Child attending three different elementary schools since the start of the 2013-2014 school year. 29. Father is married and currently resides in Dillsburg with his wife and fifteen month old son. 30. Father is employed with the Department of Defense and is able to care and support the Child. 31. Plaintiff seeks emergency primary physical custody of Alyssa in order to protect her. A Petition to Modify Custody was filed simultaneously with this Emergency Petition. ti i WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the relief requested and enter a Temporary Order granting primary physical custody of Summer L. Burton to Plaintiff, Douglas C. Burton and grant such other relief as this Court deems just and appropriate. Respectfully Submitted, / Dated: 10/29/2013 is■pir ". Scott , 'artland Attorney I.D.No.: 209669 Jacobson, Julius & McPartland 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 VERIFICATION I, Douglas C. Burton, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Z9 ocTi. By: ,. I nr► Douglas r. Burton ti Vc.Vib`lt ■ DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA • vs. • VANESSA L. BURTON, Defendant : 08-0823 CIVIL TERM ORDER OF COURT T—PARENTING PLAN AND NOW, this �`/ day of September, 2012, following a hearing on August 23, 2012, regarding the above-captioned parents' physical and legal custodial responsibilities of their minor child, Summer L. Burton, DOB: November 4, 2006, it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning Summer, including, but not limited to, her health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Absent.an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Summer's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning her progress and welfare. e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding Summer's enrollment or termination in a particular school or school program and advancing or holding her back in school. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for Summer. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 15 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of Summer from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating her affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for Summer and refrain from making derogatory or uncomplimentary comments about the other parent in her presence and to the extent possible, shall not permit third parties from making such comments in her presence while in their physical custody, whether she is sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging Summer to provide reports about the other party. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to Summer to be put in the role of a spy. -2- f. The child shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach Summer proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her children. h. The parents shall not permit Summer to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their child. j. It is in Summer's best interest for the parents and all adults to understand that she is trying to cope with the custody litigation and related issues, and needs help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider Summer's best interests and act accordingly. 3. Physical Custodial Responsibilities: • a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to their child. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate decisions. -3- • 4 e. In the event of the child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If the child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the child's life, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the child is not with a parent during the weekend, that parent may telephone one time with the child during the weekend to speak with her, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of Summer's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: At the conclusion of the hearing on August 23, 2012, the court directed the parties to attempt to resolve a schedule for parenting time based on the court's determination that Summer should be enrolled in the Bermudian Springs School District. The parties having failed to reach a complete agreement, we set forth the following parameters for physical custody and encourage the parties to discuss and modify the same, as needed, by mutual agreement: -4- x ` a. School Year: Summer will attend the Bermudian Springs School District and reside primarily with Mother during the school year. Beginning in October 2012, Father will have physical custody of Summer for three weekends of each month from Friday at 7:00 p.m. until Sunday at 7:00 p.m. i) In-service Days and Holidays: Long weekends due to school in-service days and holidays including but not limited to Martin Luther King Day, President's Day and Columbus Day shall attach to Father's weekends. The return shall be 7:00 p.m. on the holiday. In-service days or holidays occurring on Friday will attach to Father's weekends and will begin after school Thursday. In- service days or holidays occurring on Monday will attach to the prior weekend. ii) Notice: With the exception of October and November 2012, Father shall give Mother 45 days notice of the weekends he desires with the restriction that he shall enjoy no more than three consecutive weekends at any time during the school year (e.g. he may not choose the last three weekends of one month and the first weekend of the next month). b. Summer: The parties will share equally physical custody using a week on/week off schedule. Father shall enjoy the first full week of vacation from school, beginning on Sunday at 7:00 p.m. and Mother shall enjoy the last week or portion thereof prior to the start of school. c. Holidays: The holiday schedule shall take priority over the regular custody schedule. i) Thanksgiving: Father shall always have physical custody of Summer from Wednesday after school until Thanksgiving Day at 4:00 p.m. ii) Christmas: In even years, Mother shall have the child from 7:00 p.m. on December 24th through 12:00 p.m. on December 25th. Father shall have the child from 12:00 p.m. on December 25th through 12:00 p.m. on December 26th. The schedule shall reverse for odd numbered years. d. Mother's Day and Father's Day: Mother will have physical custodial responsibilities from 8:00 a.m. through 7:00 p.m. on Mother's Day and -5- Father will have physical custodial responsibilities from 8:00 a.m. through 7:00 p.m. on Father's Day. e. As the court noted at the hearing, in meeting Summer's best interests, the court will not slavishly adhere to mathematical formulas. However, if the parties are able to amicably maximize the parenting time of one another, the court will happily modify the terms herein. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the child. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the child have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the child. e. The child should be consulted as to her schedule when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. g. If a parent is unable to keep an appointed exchange time or other appointment for the child, he or she should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the child both physically and mentally for the transfer of custody to the other parent and have her available at the time and place mutually agreed upon. 6. Transportation: Unless otherwise agreed upon, the parties shall exchange custody at the Dillsburg Giant. Third parties may transport the child. -6- • 7. Extracurricular Activities: a. The parents shall organize ways for Summer to maintain her friendships, extracurricular activities, and other special interests, regardless of which household in which she resides. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities in which Summer wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of Summer, each parent will make certain that she attends their extracurricular activities and transport her on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the child's property, not the parents', entitling the toys or clothes to be taken back and forth.by the child, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing babysitting/child-care providers. Each parent has the right of veto over child- care providers (if someone other than family members), if the objection is reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent permit Summer to spend an overnight at a place other than their primary residence or that of a family member, the other -7- parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver (if someone other than family members), if appropriate, if it can be arranged, and if it is in the best interests of the children. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. 11. Illegal Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 12. Electronic Contact: . a. Each parent shall be entitled to reasonable (not excessive) phone, e-mail and/or text messaging contact with their child when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their child for e-mail communication or Skype between the parents concerning parenting issues and communication with their child. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical status and/or developmental milestones. 13. Relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. S 5337. Specifically, the relocating party must notify every other individual who has custody rights to the child by certified mail, return receipt requested. The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 60th day before the date of the proposed relocation. (2) the 10th day after the date that the individual knows of the -8- relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. b. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s)for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. (10) a counter-affidavit as provided under subsection (d)(I) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non-relocating party that, if the non- relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non- relocating party shall be foreclosed from objecting to the relocation. c. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. d. If the non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging -9- the relocation in any further review of the custodial arrangements. e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 14. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents shall enroll in co-parenting counseling, as needed, to co-parent Summer in accordance with this order. c. The parents shall enroll Summer in private individual counseling or psychotherapy, as needed, to maintain her optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the child. 15. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the child. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the child. c. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their child. d. Mediation: Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order shall, prior to engaging in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement(NDS at 233-8255). e. If a dispute about the practical application of this Order cannot be resolved through mediation, the parents may request the appointment of a -10- Parenting Coordinator under separate Order and/or proceed through the court's conciliation process. 16. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. c. Although all provisions of this order are important, within twenty(20)days of this order each parent will submit a notarized statement to the court and to opposing counsel affirming that he/she has read and understands the provisions in paragraphs 2, 3 and 4. BY THE COURT: . �_ Albert H. Masland, J. Jeffrey Yoffe, Esquire For Plaintiff Acc n ru -�-'. Jane Adams, Esquire r° For Defendant ` ' o . . am ^,• :saa 3:7•C".1 -36 -c • c 1- TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This 2O day of 20 Prothonotary 1:I44 x ''✓ -11- • Exhibit B DOUGLAS C. BURTON, • IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. NO: 08-0823 c p-J t VANESSA L. BURTON, • = ',- • CIVIL ACTION - LAW can r" * ^' DEFENDANT CUSTODY ' -- c) C. ;s NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY RELOCATING PARTY PURSUANT TO SECTION 5337 I, Douglas C. Burton, parent of Summer L. Burton, intend to relocate and pursuant to 23 Pa. C.S.A. Section 5337 answers the following questions: 1. What is the address of the intended new residence? 108 South Kearney Street Oakland, Iowa 51560 2. What is the mailing address of the intended new residence? Same as above. 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? Douglas Burton, age 29. Brittany Burton, age 27. Gunnar Burton, age 11 months. 4. What is the home telephone number of the intended new residence? Unsure at this time. 5. What is the name of the new school and the new school district? Oakland Elementary School. Riverside School District. 708 Glass Street, Oakland, Iowa 51560 6. What is the date of the proposed relocation? Plaintiff tentatively plans on December 1, 2013. 7. What are the reasons for the proposed relocation? A. Plaintiff's family lives in Oakland, Iowa; B. Plaintiff's employment options will be greatly improved. 8. How do you propose to change the custody schedule that is currently in effect? A. Primary physical custody with father during the school year; B. Primary physical custody with mother during the summer vacation 9. Is there any other information that is relevant to the proposed relocation? 10. I have included a counter-affidavit that you can use to object to the proposed relocation. WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION,YOU MUST FILE THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY(30)DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. Respectfully Submitted, JACOBSON, JULIUS &MCPARTLAND Dated: July 8, 2013 .dcott McPartland "``-11D# 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 717.909.7788 (fax) DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. : NO: 08-0823 • VANESSA L. BURTON, : CIVIL ACTION - LAW DEFENDANT CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. I, , file this counter-affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren) affected by the proposed relocation? 2. Where does this child currently reside? Check the appropriate box(es): ❑ I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. ❑ I do not object to the relocation, but I do object to modification of the custody order and I request that a hearing be scheduled. O Prior to allowing the child(ren) to relocate. ❑ After the child(ren) relocate. ❑ I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that I must file this counter-affidavit with the Prothonotary's office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty(30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made in this counter-affidavit 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). Date: Signature Print Name Address Telephone Number VERIFICATION I, Douglas Burton, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. By: 00,Aa 6. — Date: � J�Iy 2�1� g ; f � Dougla urton Exhibit C DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. NO: 08-0823 VANESSA L. BURTON, -c)= �'-. •▪ CIVIL ACTION - LAW -'rn - `si DEFENDANT • CUSTODY ��-- n>ci 17.x: PETITION FOR MODIFICATION ?. OF AN EXISTING CUSTODY ORDER _( co -°r 1. Plaintiff/Petitioner is Douglas C. Burton, an adult individual currently residing at 6 West Greenhouse Road,.Dillsburg, PA 7019. 2. Defendant/Respondent is Vanessa L. Burton, an adult individual currently residing at 67 Curtis Drive, East Berlin, PA 17316. 3. On September 19, 2012, the Honorable Albert H. Masland entered a Custody Order in the above listed matter. A true and correct copy of the September 19, 2012 Custody Order is attached as Exhibit A. 4. The attached Order should be modified because: a. Father intends to relocate to Iowa. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing order for custody because it will be in the best interest of the child. Respectfully submitted, JACOBSON, JULIUS & MCPARTLAND Dated: July 8, 2013 _ Nal - .•- ---- Scott Mc'artland __`._A tomey I.D.No.: 209669 8150 Deny Street, Ste. A Harrisburg, PA 17111 717-909-5858 717-909-7788 Fax VERIFICATION I, Douglas Burton, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 3-4(y 2013 By: f 4 y___ Dougla 4 urton O Exhibit A. 1 DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA vs. . VANESSA L. BURTON, •• Defendant : 08-0823 CIVIL TERM ORDER OF COURT-PARENTING PLAN AND NOW, this day of September, 2012, following a hearing on August 23, 2012, regarding the above-captioned parents' physical and legal custodial responsibilities of their minor child, Summer L. Burton, DOB: November 4, 2006, it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning Summer, including, but not limited to, her health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Absent.an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Summer's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning her progress and welfare. e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding Summer's enrollment or termination in a particular school or school program and advancing or holding her back in school. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for Summer. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 15 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of Summer from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating her affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for Summer and refrain from making derogatory or uncomplimentary comments about the other parent in her presence and to the extent possible, shall not permit third parties from making such comments in her presence while in their physical custody, whether she is sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging Summer to provide reports about the other party. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to Summer to be put in the role of a spy. -2- • f. The child shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach Summer proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double tstandard will lose the respect of his or her children. h. The parents shall not permit Summer to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their child. • j. It is in Summer's best interest for the parents and all adults to understand that she is trying to cope with the custody litigation and related issues, and needs help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider Summer's best interests and act accordingly. 3. Physical Custodial Responsibilities: • a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to their child. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate decisions. -3- • e. In the event of the child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If the child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the child's life, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the child is not with a parent during the weekend, that parent may telephone one time with the child during the weekend to speak with her, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of Summer's birthday: k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: At the conclusion of the hearing on August 23, 2012, the court directed the parties to attempt to resolve a schedule for parenting time based on the court's determination that Summer should be enrolled in the Bermudian Springs School District. The parties having failed to reach a complete agreement, we set forth the following parameters for physical custody and encourage the parties to discuss and modify the same, as needed, by mutual agreement: -4- 11 i a. School Year: Summer will attend the Bermudian Springs School District and reside primarily with Mother during the school year. Beginning in October 2012, Father will have physical custody of Summer for three weekends of each month from Friday at 7:00 p.m. until Sunday at 7:00 p.m. i) In-service Days and Holidays: Long weekends due to school in-service days and holidays including but not limited to Martin Luther King Day, President's Day and Columbus Day shall attach to Father's weekends. The return shall be 7:00 p.m. on the holiday. In-service days or holidays occurring on Friday will attach to Father's weekends and will begin after school Thursday. In- service days or holidays occurring on Monday will attach to the prior weekend. ii) Notice: With the exception of October and November 2012, Father shall give Mother 45 days notice of the weekends he desires with the restriction that he shall enjoy no more than three consecutive weekends at any time during the school year (e.g. he may not choose the last three weekends of one month and the first weekend of the next month). b. Summer: The parties will share equally physical custody using a week on/week off schedule. Father shall enjoy the first full week of vacation from school, beginning on Sunday at 7:00 p.m. and Mother shall enjoy the last week or portion thereof prior to the start of school. c. Holidays: The holiday schedule shall take priority over the regular custody schedule. i) Thanksgiving: Father shall always have physical custody of Summer from Wednesday after school until Thanksgiving Day at 4:00 p.m. ii) Christmas: In even years, Mother shall have the child from 7:00 p.m. on December 24th through 12:00 p.m. on December 25th. Father shall have the child from 12:00 p.m. on December 25th through 12:00 p.m. on December 26th. The schedule shall reverse for odd numbered years. d. Mother's Day and Father's Day: Mother will have physical custodial responsibilities from 8:00 a.m. through 7:00 p.m. on Mother's Day and -5- • Father will have physical custodial responsibilities from 8:00 a.m. through 7:00 p.m. on Father's Day. e. As the court noted at the hearing, in meeting Summer's best interests, the court will not slavishly adhere to mathematical formulas. However, if the parties are able to amicably maximize the parenting time of one another, the court will happily modify the terms herein. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the child. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the child have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the child. e. The child should be consulted as to her schedule when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. g. If a parent is unable to keep an appointed exchange time or other appointment for the child, he or she should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the child both physically and mentally for the transfer of custody to the other parent and have her available at the time and place mutually agreed upon. 6. Transportation: Unless otherwise agreed upon, the parties shall exchange custody at the Dillsburg Giant. Third parties may transport the child. • -6- v i 7. Extracurricular Activities: a. The parents shall organize ways for Summer to maintain her friendships, extracurricular activities, and other special interests, regardless of which household in which she resides. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities in which Summer wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of Summer, each parent will make certain that she attends their extracurricular activities and transport her on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. S. Children's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the child's property, not the parents', entitling the toys or clothes to be taken back and forth by the child, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing babysitting/child-care providers. Each parent has the right of veto over child- care providers (if someone other than family members), if the objection is reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent permit Summer to spend an overnight at a place other than their primary residence or that of a family member, the other -7- . • parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver (if someone other than family members), if appropriate, if it can be arranged, and if it is in the best interests of the children. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. 11. Illegal Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 12. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) phone, e-mail and/or text messaging contact with their child when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their child for e-mail communication or Skype between the parents concerning parenting issues and communication with their child. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical status and/or developmental milestones. 13. Relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. S 5337. Specifically, the relocating party must notify every other individual who has custody rights to the child by certified mail, return receipt requested. The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 60th day before the date of the proposed relocation. (2) the 10th day after the date that the individual knows of the -8- • 9 + a relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. b. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. (10) a counter-affidavit as provided under subsection (d)(I) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non-relocating party that, if the non- relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non- relocating party shall be foreclosed from objecting to the relocation. c. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. d. If the.non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging -9- the relocation in any further review of the custodial arrangements. e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 14. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents shall enroll in co-parenting counseling, as needed, to co-parent Summer in accordance with this order. c. The parents shall enroll Summer in private individual counseling or psychotherapy, as needed, to maintain her optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the child. 15. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the child. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the child. c. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their child. d. Mediation: Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order shall, prior to engaging in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement(NDS at 233-8255). e. If a dispute about the practical application of this Order cannot be resolved through mediation, the parents may request the appointment of a -10- Parenting Coordinator under separate Order and/or proceed through the court's conciliation process. 16. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. c. Although all provisions of this order are important, within twenty(20) days of this order each parent will submit a notarized statement to the court and to opposing counsel affirming that he/she has read and understands the provisions in paragraphs 2, 3 and 4. BY THE COURT: Albert H. Masland, J. Jeffrey Yoffe, Esquire "'' For Plaintiff -r• -11:1 a v) rr►;r.. t"n 0.1 Jane Adams, Esquire , For Defendant © -o :saa v 74 r4; (1'' ... '- TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Courtt at�Carlisle,Pa. This •2O ,day of s� 20 Prothonotary -11- 4 Exhibit D .s • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION- LAW DOUGLAS C. BURTON, : Plaintiff • : No. 2008-0823 Civil Term v. : IN CUSTODY VANESSA L. BURTON, Defendant : STIPULATION FOR ENTRY OF CUSTODY ORDER VANESSA BURTON(hereinafter referred to as"MOTHER"),and DOUGLAS C. BURTON (hereinafter referred to as "FATHER"), following mediation and desiring to amicably settle and resolve the matter of custody with respect to SUMMER L.BURTON, born November 4,2006,the minor child involved in this action,hereby stipulate and agree to the entry of an Order of Court awarding custody of SUMMER as follows: 1. The parents agree to share legal custody of SUMMER. The parents agree that major decisions concerning their 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 towards obtaining and following an harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning her or his child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made,the parent having physical custody of the 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 her or him as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309,each parent shall be entitled to complete and full information from any doctor,dentist,teacher,professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. FATHER agrees to provide to MOTHER the names,phone numbers,physical addresses and e-mail addresses,if applicable,of the child's school,teachers,doctors,dentists and any other professional working with the child.FATHER agrees to ensure that MOTHER's name and contact information is provided to the child's school, and he further agrees to send MOTHER report cards from the school within one (1)week of his receipt of them. 2. The parents agree that they shall share physical custody of the minor child.The parents acknowledge that FATHER is moving to Iowa on December 3,2013,and they agree that the child shall reside primarily with FATHER in Iowa during the school year; and primarily with MOTHER in Pennsylvania during the summertime. Until December 2, 2013, the physical custody schedule as set forth in the Order of Court dated September 19, 2012 shall be followed. 3. MOTHER and FATHER agree that the parent with physical custody during any given en period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal .Q authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 4. Holidays-The parents agree to the following schedule: a. Thanksgiving—The parents shall alternate the Thanksgiving holiday each year from the Tuesday before Thanksgiving until the Monday following Thanksgiving. In 2013,MOTHER shall have the Thanksgiving holiday from the Tuesday before Thanksgiving until the Monday following Thanksgiving at 7:oo p.m. In 2014 and in all even years thereafter, FATHER shall have the Thanksgiving holiday. In 2015 and in all odd years thereafter, MOTHER shall have the Thanksgiving holiday. b. Christmas—The parents shall alternate the Christmas holiday each year from the first full day off from school until December 31g. In 2013 and in all odd years thereafter, FATHER shall have the Christmas holiday. In 2014 and in all even years thereafter, MOTHER shall have the Christmas holiday. c. MOTHER shall have the child every year in February during the school break from the first full day off from school until the day the child returns to school. If possible,the time shall be extended by arranging for an educational trip with the school,or by allowing the child to miss a couple of days, assuming her attendance to that point is regular and she has not missed more school than permitted. d. Easter- FATHER shall have the Easter holiday each year. 5. Summertime- The parents agree that MOTHER shall have the child from the third full day off from school for the summertime until seven days before the beginning of the next school year when the child will be returned to FATHER. 6. Visiting the Other Parent's State—The parents agree that MOTHER may visit .a the child in Iowa during the school year for a maximum of six(6)days which includes five (5) overnights, with at least two weeks notice to FATHER. Unless the child has time off from school during these visits,or unless the school gives the child an excused absence,the child shall attend school during MOTHER's visit. The parents agree that FATHER may visit the child in Pennsylvania during the summertime for a maximum of three (3) days which includes two (2) overnights,with at least two weeks notice to MOTHER. 7. Transportation—In 2014,2015 and 2016 FATHER agrees to pay for three(3) round-trip tickets for the child: for the February visit; summertime; and either the Thanksgiving or Christmas holiday that year with MOTHER. Beginning in 2017, the parents agree to equally pay for those round-trip tickets for the child. In the event MOTHER goes to Iowa to visit the child during the school year or FATHER goes to Pennsylvania to visit the child during the summertime,the parents agree to be solely responsible for payment of their own transportation. 8. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual written agreement. 9. The parents agree to permit and support the child's access to all family relationships. Both parents agree to speak respectfully of the child's extended family members on her maternal and paternal sides in the presence or hearing of the child. 10. Communication between parents — MOTHER and FATHER agree to provide each other with current phone numbers,e-mail addresses,and home addresses.They agree to communicate with each other about the child via e-mail. They shall relay information regarding the child's progress in school,her health,her extracurricular activities, and any other matters of which the other parent should be aware.The parent who has custody shall .� ✓ I. send an e-mail once a week to update the other parent.If an e-mail from a parent requires a response,the other parent shall respond within twenty-four hours. Only in an emergency will the parents contact each other by telephone unless mutually agreed otherwise. The parents will communicate directly with each other and not allow third parties to be involved in their communication. 11. Communication between parent and child—MOTHER and FATHER agree that the child shall call the parent who does not have custody every other night between 7:oo p.m.and 8:00 p.m. in the child's time zone.The parent who has custody is responsible for ensuring that the phone call is placed to the other parent during that time. In addition,both parents agree to provide the child with a cell phone so that she can call her parents at other times. Neither parent shall call the child more than one time per day. MOTHER and FATHER agree to make arrangements for the child to use Skype to keep in touch with the other parent. The parents agree that all communication between the child and her parents shall be private with both parents agreeing to allow the child to communicate with the other parent without the custodial parent in the same room. Neither parent will send messages to the other through the child,but instead will contact the other parent by e-mail or by phone if there is an emergency. 12. The parents agree that during any period of custody,they shall not possess or use any controlled substance; nor shall they consume alcoholic beverages to the point of intoxication;nor shall they smoke cigarettes inside their home or vehicle.The parents agree to ensure that other household members and/or houseguests comply with this prohibition. 4, 13. Relocation-MOTHER and FATHER agree to the following regarding relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non-relocating parent to exercise custodial rights.No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the Court approves the proposed relocation.If a parent seeks to relocate,that parent shall notify every other individual who has custody rights to the child. Both parents must follow the statutory requirements contained in 23Pa.c.S. Section 5337. Specifically, the relocating parent must notify every other individual who has custody rights to the child by certified mail,return receipt requested.The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 6oth day before the date of the proposed relocation (2) the loth day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 6o day notice requirement. b. Unless otherwise excused by law,the following information must be included in the notice: (1) the address of the intended new residence (2) the mailing address, if not the same as the address of the intended new residence (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence (4) the home telephone number of the intended new residence,if applicable • 4 (5) the name of the new school district and school (6) the date of the proposed relocation (7) the reason(s)for the proposed relocation (8) a proposal for a revised custody schedule (9) any other information which the parent proposing the relocation deems appropriate (io) a counter-affidavit as provided under subsection (d)(1)which can be used to object to the proposed relocation and modification of a Custody Order (11) a warning to the non-relocating parent that,if the non-relocating parent does not file with the Court an objection to the proposed relocation within 3o days after receipt of notice, the non-relocating party shall be foreclosed from objecting to the relocation c. If any of the aforementioned information is not known when the notice is sent but is later made know to the parent seeking the relocation,then that parent shall promptly inform every individual who received notice. d. If the non-relocating parent objects to the proposed move,he/she must do so by filing the counter-affidavit with the Court and the other parent within 3o days. The notice of objection to the opposing parent must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above,then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the Court will not accept testimony challenging the relocation in any further review of the custodial arrangements. e. The Court shall hold,an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The Court may permit • A relocation before a full hearing if the Court finds that exigent circumstances exist. 14. Both parents agree to establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or hearing of the child and,to the extent possible,shall not permit third parties from making such comments in the presence or hearing of the child. Each parent shall speak respectfully of the other. 15. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County,Pennsylvania,for approval and for entry of an Order awarding custody as set forth herein. 16. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. Date Witness VANESSA L. BURTON Date Witness DOUGLAS C. BURTON I • 4 DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF v. : NO: 08-0823 VANESSA L. BURTON, : CIVIL ACTION -LAW DEFENDANT : CUSTODY CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL Jane Adams 17 West South Street Carlisle,PA 17013 DATED: 11/01/2013 reP- Scott artland 0cn 5 C. & 'r'/d/') , : IN THE COURT OF COMMON PLEAS �J Plaintiff CUMBERLAND COUNTY, PA • Vs : No. Off-- 08;513 CIVIL TERM Vailessct Qvr4o4 , : CIVIL ACTION - LAW c: Defendant IN CUSTODY o =_ n c: I CRIMINAL RECORD/ABUSE HISTORY VERIFICATION - --; a "3'F I, DOt19/GS , hereby swear or affirm, subject to per i s law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: N 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 El f (relating to criminal homicide) 18 Pa.C.S. §2702 E El (relating to aggravated assault) 18 Pa.C.S. §2706 Ii El (relating to terroristic threats) 18 Pa.C.S. §2709.1 El E (relating to stalking) 18 Pa.C.S. §2901 El �' (relating to kidnapping) 18 Pa.C.S. §2902 fl El (relating to unlawful restraint) 18 Pa.C.S. §2903 El E. (relating to false imprisonment} 18 Pa.C.S. §2910 El E1 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 El El (relating to rape) �l 18 Pa.C.S. §3122.1 EI El relating to statutory sexual assault) El 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 E E J (relating to sexual assault) 18 Pa.C.S. §3125 El El (relating to aggravated indecent assault) 18 Pa.C.S. §3126 f relating to indecent assault) 18 Pa.C.S. §3127 El (relating to indecent exposure) • 18 Pa.C.S. §3129 I IT (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 IT IT (relating to conduct relating to sex offenders) Ei 18 Pa.C.S. §3301 El IT (relating to arson and related offenses) �# 18 Pa.C.S. §4302 I IT (relating to incest) 18 Pa.C.S. §4303 IT IT (relating to concealing death of child) 18 Pa.C.S. §4304 IT I I (relating to endangering welfare of children) �! 18 Pa.C.S. §4305 IT IT (relating to dealing in infant children) 18 Pa.C.S. §5902(b) IT IT (relating to prostitution and related offenses) 18 Pa.C.S. §5903 I 1 I (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 IT I' (relating to corruption of minors) • 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 IT El (relating to unlawful contact with minor) 18 Pa.C.S. §6320 IT IT (relating to sexual exploitation of children) �I 23 Pa.C.S. §6114 C 1' (relating to contempt for violation of Protection order or agreement) Driving under the I //RD/ influence of drugs or alcohol II Manufacture, sale, Er IT delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member r A finding of abuse by a Children &Youth IT f Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the CI I Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: fl fl 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. A - 1 - , Signature oq)6 5 6o Printed Name VANESSA L. BURTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAIW vs. : No. 2008 - 0823 Civil Term ^° - DOUGLAS BURTON, : IN CUSTODY CO ate' Defendant : CIVIL ACTION - LAW r N MOTHER'S RESPONSE TO � ',' FATHER'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW COMES, Vanessa L. Burton, now known as Vanessa L. Stover, Mother, by and through her attorney, Jane Adams, Esquire, and responds to Father's Petition for Special Relief. 1. Admitted. 2. Admitted with clarification; Mother's address is 326 Old Stone House Road, Boiling Springs, Pa. 17070. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. • 7. Admitted, in part. Mother's Husband committed adultery, and Mother left the home. A Divorce Complaint has been filed. 8. Admitted. Mother moved in with her grandmother in Mechanicsburg, Pennsylvania on approximately the third week in August. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted, with clarification. Mother's grandmother went in to a nursing home due to an advance in her dementia, which required a higher level of care. Mother could not continue residing with grandmother and had to move into an apartment with her Mother. Due to the change of residence, she could not keep the child enrolled in Silver Spring Elementary, however Monroe Elementary is still in Cumberland Valley School District. 13. Admitted, in part. Mother's move occurred unexpectedly, and she did not immediately discuss the move, but discussed the move at a mediation session. 14. Admitted that the agreement attached to Father's petition was created pursuant to the parties participation in mediation. Mother was not represented at mediation and did not sign the stipulation. Mother desires additional time to review the proposed stipulation and review the stipulation with her Counsel. 15. Admitted, in part, with clarification. Mother said in a text she needed to look for a job, and wanted Father to watch the child, however she did not indicate she could not care for the child. 16. Admitted; Father picked up the child on October 21, 2013, and assumed custody. 17. Denied; Mother has texted Father several times since October 21, 2013. 18. Mother has no direct knowledge as to what Father's understanding was, however, she did not intend to relinquish custody to him permanently but needed assistance with the child's care until she found a job. • 19. Mother is unable to respond to this allegation, as she has no knowledge as to what the school secretary said, and as there is no date and time provided. 20. Mother was not present and has no knowledge as to what the child allegedly said to Father. Mother did mention the she was considering a proposed custody arrangement, along those lines, but did not indicate she made a final decision regarding such proposal. 21. Admitted; Mother did not contact the child or Father until she found a job on October 29, 2013. 22. Admitted in part, denied in part. Mother did pick up the child at Monroe Elementary, however she did text Brittany, Father's Wife that she was picking up the child at 2:00 p.m. 23. Mother has no knowledge of what the secretary did. 24. Admitted; Father did call to talk to the child, and Mother called him back late in the day on October 29th, 2013. Other than that, Mother and Father have communicated via text message. 25. Mother has suffered from depression, however, is and has actively managed her mental health with counseling and medication. 26. Denied; the child is not in danger. Mother recently went through a difficult transition being that she separated from her current spouse; however, Mother's living situation has stabilized, and she is living in an apartment with the child and her own Mother. 27. Denied. Mother agreed that her Husband would have primary custody of the children, so they can remain in the same home and school district, however, she is highly involved in their life and sees them every week. A final custody order has not been entered regarding the other two children. 28. Admitted, however, Mother's living situation has now stabilized and she is not planning on moving again. 29. Admitted. 30. Admitted, that Father could care for the child, however, Father has indicated he is moving to Idaho and Mother has not agreed to relocation. 31. Admitted that the Father is seeking primary custody. By way of clarification, the child's first name is Summer. Mother does not agree that Father should have primary custody of the child at this time. Mother requests a relocation hearing. WHEREFORE, Mother requests Father's Petition for Special Relief be DENIED. Respectfully submitted, / / ___, Date: I 411./- J 4e Adams, squire B. No. 79465 ' West South Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER VANESSA L. BURTON ATTORNEY VERIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Vanessa L. Burton, now known as Vanessa L. Stover. 2. She is authorized to make this verification on her behalf. 3. Counsel forwarded the Petition for Special Relief to her client, and then reviewed the responses in the attached document telephonically, due to the urgent nature of this matter. 4. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l / /� ��, i'!:� ( ` .. f Adams, Esquire W. South St. r arlisle, Pa. 17013 • Attorney for Vanessa L. Burton CERTIFICATE OF SERVICE • AND NOW, this November 7, 2013, I, Jane Adams, Attorney for Mother, Vanessa L. Burton, hereby certify that a copy of Mother's Petition for Special Relief has been duly served upon the FATHER by placing such in the custody of the United States Postal Service to the following address: Scott McPartland, Esquire 8150 Derry St. Suite A Harrisburg, Pa. 17111 FATHER'S ATTORNEY AO liA e Adams, Esquire Fa. No. 79465 7 W. South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER VANESSA L. BURTON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • DOUGLAS BURTON, DEFENDANT : 08-0823 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2013, upon consideration of Defendant's Emergency Petition for Special Relief, a hearing shall commence at 2:30 p.m., Tuesday, November 19, 2013, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. Jane Adams, Esquire For Plaintiff tt McPartland, Esquire For Defendant :sal LEL, �• /x//3 m o rr7r cnr C. D tV c.f .. VANESSA L. BURTON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVATI& V. CIVIL ACTION - LAW ` a DOUGLAS BURTON : rJ Defendant/Petitioner : 08-0823 CIVIL TERM -"Q ORDER OF COURT c — ` iir7 AND NOW, this 19th day of November, 2013 , follo�n�i hearing on Father' s Emergency Petition for Special Relief, which raised concerns regarding Mother' s ability to parent the minor child, we find that it is in the best interest of the child, Summer Burton, that we order and direct as follows : 1 . The Court will hear testimony on Father' s proposed relocation to Iowa on January 10, 2014, commencing at 9 : 00 a.m. 2 . Legal custody shall be shared as set forth in our prior order of September 19, 2012 , however, we encourage the parties to do a better job of communicating between now and the hearing in January. 3 . Pending the relocation hearing, further Order of Court, or an agreement between the parties, physical custody shall be shared equally on a week-on/week-off basis , with exchanges taking place at 7 : 00 p.m. on Sunday. Father shall enjoy the first full week under this schedule commencing on Sunday, November 24 , 2013 , at 7 : 00 p.m. , with the parties alternating thereafter. 4 . Mother shall have custody over the Thanksgiving holiday from 3 : 00 p.m. on November 27, 2013 , until 3 : 00 p.m. on November 28, 2013 . (Burton v. Burton, 08-0823 Civil Term) 5 . Mother shall have custody over the Christmas holiday from 3 : 00 p.m. on December 24, 2013 , until 3 : 00 p.m. on December 25th, 2013 . 6 . The parties are free to modify this order by agreement in any fashion. By the Court, f// Albert H. Masland, J. /lane Adams, Esquire For the Plaintiff/Respondent Scott McPartland, Esquire For the Defendant/Petitioner :vae iF_S P2g1IES-. ///240/il DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF • v. • NO: 08-0823 : psi VANESSA L. BURTON, { • CIVIL ACTION - LAW `J'w- " DEFENDANT • CUSTODY =' H - --c PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW COMES, Douglas C. Burton, Plaintiff, by and through his attorneys, Jacobson, Julius &McPartland, who files this Emergency Petition for Special Relief, and in support thereof, state as follows: 1. Plaintiff, Douglas C. Burton(hereinafter"Father"), is an adult individual residing at 6 west Greenhouse Road, Dillsburg, PA 17019. 2. Defendant, Vanessa L. Burton(hereinafter"Mother"), is an adult individual residing at 326 Old Stone House Road, Churchtown, PA 17050. 3. Father and Mother are the biological parents of one minor child, Summer L. Burton(DOB 11/04/2006) (hereinafter"Child"). 4. On November 4, 2013, Father filed an Emergency Petition for Special Relief regarding concerns he had for the Child's safety. 5. On November 19, 2013,the Honorable Albert H. Masland held a hearing on the Special Relief Petition and entered a temporary Custody Order modifying the custody schedule. A true and correct copy of the November 19, 2013 Order is attached as Exhibit A. 6. The November 19, 2013 Order provides that Father and Mother share physical custody of the Child on a week on week off basis and schedules a trial on Father's proposed l t relocation for January 10, 2013 at 9:00 a.m. eiPPAP pldCribiLf 7. Father files this Emergency Petition for Special Relief as the result of Mother's increasingly erratic and threatening behavior. 8. On Wednesday,November 27, 2013, Mother had custody of the Child that was to last until Thursday,November 28, 2013 at 3:00 p.m. 9. Additionally, Mother had custody of her two other children that she has with her estranged husband, Kyle. 10. At approximately 4:00 p.m. November 27, 2013, Kyle received a phone call from Mother indicating that he needed to take custody of the children because Mother was going to shoot herself in the head. 11. All three of the children were in the car when Mother made this statement. 12. Kyle did meet Mother and took custody of all three children. 13. As the Child was leaving Mother's vehicle, she stated"bye mom, I hope you don't kill yourself" The Child recounted these events to Father at a later time. 14. On November 28, 2013, Mother picked up the Child from Kyle's and returned custody to Father. 15. Mother did not inform Father of the events the previous day. 16. Father did not learn of these circumstances until Sunday, December 1, 2013 when he contacted Kyle for an unrelated matter. 17. Father has continued to exercise custody of the child since that date. 18. Father did not return the child to Mother's custody as provided for in the November 19, 2013 Order because he feared for the safety of the Child. 19. On December 3, 2013, Mother sent Father a text message indicating that she was in agreement with the Child remaining with Father. A true and correct copy of text message strings from December 1, 2013 through December 3, 2013 between Father and Mother are attached as Exhibit B. 20. Undersigned counsel has contacted Kyle to verify the events; however, he has been unsuccessful in reaching him as of this filing. 21. Father is concerned for the safety and welfare of the Child. 22. Mother's actions are increasingly becoming more erratic and threatening in nature. 23. Father is seeking a temporary Custody Order pending the trial on January 10, 2013 to ensure that the child is safe and properly cared for. 24. Father will make arrangements such that Mother will have reasonable phone contact with the Child as well as supervised visitation with the Child in an attempt to minimize any negative impact such Order may have on the Child. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the relief requested and enter a Temporary Order granting sole legal and physical custody of Summer L. Burton to Plaintiff, Douglas C. Burton and grant such other relief as this Court deems just and appropriate. Respectfully Submitted, o Dated: 12/03/2013 �j Scott • 'art and • : ey I.D.No.: 209669 Jacobson, Julius & McPartland 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 VERIFICATION I, Douglas C. Burton, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. A°.n G Date: 3 1 3 By: 6I /.w Dougla. . Burton Exhibit A VANESSA L. BURTON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYL TI ; Cr.? -' V. CIVIL ACTION - LAW F `' DOUGLAS BURTON • Defendant/Petitioner : 08-0823 CIVIL TERM ORDER OF COURT xc-, c: ,c AND NOW, this 19th day of November, 2013 , following hearing on Father ' s Emergency Petition for Special Relief, which raised concerns regarding Mother' s ability to parent the minor child, we find that it is in the best interest of the child, Summer Burton, that we order and direct as follows: 1 . The Court will hear testimony on Father' s proposed relocation to Iowa on January 10, 2014 , commencing at 9: 00 a.m. 2 . Legal custody shall be shared as set forth in our prior order of September 19, 2012, however, we encourage the parties to do a better job of communicating between now and the hearing in January. 3 . Pending the relocation hearing, further Order of Court, or an agreement between the parties, physical custody shall be shared equally on a week-on/week-off basis, with exchanges taking place at 7 : 00 p.m. on Sunday. Father shall enjoy the first full week under this schedule commencing on Sunday, November 24, 2013 , at 7 : 00 p.m. , with the parties alternating thereafter. 4 . Mother shall have custody over the Thanksgiving holiday from 3 : 00 p.m. on November 27, 2013 , until 3 : 00 p.m. on November 28 , 2013 . (Burton v. Burton, 08-0823 Civil Term) 5 . Mother shall have custody over the Christmas holiday from 3 : 00 p.m. on December 24, 2013 , until 3 : 00 p.m. on December 25th, 2013 . 6 . The parties are free to modify this order by agreement in any fashion. By the Court, Albert H. Masland, J. • Jane Adams, Esquire For the Plaintiff/Respondent Scott McPartland, Esquire For the Defendant/Petitioner :vae TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se- of said C st Carlisle,Pa. This sa f�aaY of ,20 43 Prothon• : Exhibit B ?age 1 of 1 P.1,‘55 ages (717) 357-0746 East Debi,2:Olt 3155 PM https://mail.ljacobsonlaw.com/exchange/scott/Inbox/Finally!.EML/1 multipart_xF8FF_2_photo.PNG/C58... 12/3/2013 Page 1 of i Mrssa;gt:,s (717) 357-0746 EdEt That was an attempt to be nice up until that line. Good try. Dec 1.2013.6:53 PM 0 max[ t https://mail.ljacobsonlaw.com/exchange/scott/Inbox/No%20Subject-161.EML/1_multipart_xF8FF_2 phot... 12/3/2013 rage 1 01 1 r,1'..:5-i: (717) 357-0746 Ed cam; . Dec 1.2013 6:53 PM I'm not going to hurt myself or°thers. t am on ace a ditferentjourney or intensely s tOcklg;Gods pisivolyAousty how t have been lying hasn't been Dec 3,2013,8:44 AM I do not think summer shoukl be in school this vireo*. I epee with her staying w*h you, and an adretd I vdi1 be forced by my mother to NI her out of drool. https://mail.lj acobsonlaw.com/exchange/scott/Inbox/Admission%20pressured%20by%20mom%20and%20... 12/3/2013 Page 1 of 1 Messages (717) 357-0746 Edit Dec 3.20-13,9:26 AM ' I'm going to hope fully get j a car today And go to janes to sign the 1 agreement 1 What day you trying to 'I leave 0 (1.0 • https://mail.lj acobsonlaw.com/exchange/scott/Inbox/No%205ubj ect-160.EML/1_multipart_xF 8 FF_2_phot... 12/3/2013 DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. NO: 08-0823 • VANESSA L. BURTON, : CIVIL ACTION - LAW DEFENDANT CUSTODY CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL Jane Adams 17 West South Street Carlisle, PA 17013 DATED: 12/03/2013 •: cPartland ,Qj IoS C ac4,,y, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Vs . No. O' -0S2_3 CIVIL TERM Ve SSCk Ls 3uf+Oy\ , CIVIL ACTION - LAW Defendant IN CUSTODY (� CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, d)D006 13u(-I-u'.\ , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction. apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 ❑' IT (relating to criminal homicide) 18 Pa.C.S. §2702 Ci IT (relating to aggravated assault) rri 18 Pa.C.S. §2706 (relating to terroristic threats) ' C'` C ?? IT 18 Pa.C.S. §2709.1 — c r (relating to stalking) 18 Pa.C.S. §2901 I �.. (relating to kidnapping) 4y M 18 Pa.C.S. §2902 (relating to unlawful restraint) El 18 Pa.C.S. §2903 ❑ El (relating to false imprisonment) 18 Pa.C.S. §2910 IT El (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 IT El (relating to rape) �i 18 Pa.C.S. §3122.1 El IT relating to statutory sexual assault) 18 Pa.C.S. §3123 El I (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 El C jrelating to sexual assault), n 18 Pa.C.S. §3125 r C (relating to aggravated indecent assault) �i 18 Pa.C.S. §3126 Ii E (relating to indecent assault) 7 18 Pa.C.S. §3127 fT E (relating to indecent exposure) Ei 18 Pa.C.S. §3129 IT IT (relating to sexual intercourse with animals) El 18 Pa.C.S. §3130 IT] ET 'relating to conduct relating to sex offenders) IT 18 Pa.C.S. §3301 IT I (relating to arson and related offenses) IT 18 Pa.C.S. §4302 I (relating to incest' 18 Pa.C.S. §4303 IT IT (relating to concealing death of child) 18 Pa.C.S. §4304 rl IT (relating to endangering welfare of children) 18 Pa.C.S. §4305 I E (relating to dealing in infant children) 18 Pa.C.S. §5902(b), El I (relating to prostitution and related offenses) IT 18 Pa.C.S. §5903 IT I (c) or(d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 ❑ E (relating to corruption of minors) } FT 18 Pa.C.S. §6312 n El (relating to sexual abuse of children) 18 Pa.C.S. §6318 n FT (relating to unlawful contact with minor) 18 Pa.C.S. §6320 ❑ n (relating to sexual exploitation of children) 23 Pa.C.S. §6114 F E' (relating to contempt for violation of Protection order or agreement) IT Driving under the n .°1}149,c.akc 13 iqR 1 influence of drugs or alcohol El Manufacture, sale, C' C delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children &Youth 7 n Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the F Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction n Other: IT IT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : S. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signatu �.b(JC�IGIS &C4v\ Printed Name IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION —LAW DOUGLAS C. BURTON, : t.:a -+ Plaintiff ' No. 2008-0823 Civil Tex*: -- _ V. : IN CUSTODY VANESSA L. BURTON, `"£' Defendant c ) STIPULATION FOR ENTRY OF CUSTODY ORDER VANESSA BURTON(hereinafter referred to as"MOTHER"),and DOUGLAS C. BURTON (hereinafter referred to as "FATHER"), following mediation and desiring to amicably settle and resolve the matter of custody with respect to SUMMER L.BURTON, born November 4,2006,the minor child involved in this action,hereby stipulate and agree to the entry of an Order of Court awarding custody of SUMMER as follows: 1. The parents agree to share legal custody of SUMMER. The parents agree that major decisions concerning their 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 towards obtaining and following an harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning her or his child that could reasonably be expected to be of concern to the other. • Day to day decisions shall be the responsibility of the parent then having physical custody.With regard to any emergency decisions which must be made,the parent having physical custody of the 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 her or him as soon as possible. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor,dentist,teacher,professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. FATHER agrees to provide to MOTHER the names,phone numbers,physical addresses and e-mail addresses,if applicable,of the child's school,teachers,doctors,dentists and any other professional working with the child.FATHER agrees to ensure that MOTHER's name and contact information is provided to the child's school, and he further agrees to send MOTHER report cards from the school within one (1)week of his receipt of them. 2. The parents agree that they shall share physical custody of the minor child.The parents acknowledge that FATHER is moving to Iowa on ,and they agree that the child shall reside primarily with FATHER in Iowa during the school year; and primarily with MOTHER in Pennsylvania during the summertime. VS Until , the physical custody schedule as set forth in the Order of dated shall be followed. Court gam" 3. MOTHER and FATHER agree that the parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal • authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 4. Holidays -The parents agree to the following schedule: a. Thanksgiving—The parents shall alternate the Thanksgiving holiday each year from the Tuesday before Thanksgiving until the Monday following Thanksgiving. In 2013,MOTHER shall have the Thanksgiving holiday from the Tuesday before Thanksgiving until the Monday following Thanksgiving at 7:oo p.m. In 2014 and in all even years thereafter, FATHER shall have the Thanksgiving holiday. In 2015 and in all odd years thereafter, MOTHER shall have the Thanksgiving holiday. b. Christmas—The parents shall alternate the Christmas holiday each year from the first full day off from school until December 31St. In 2013 and in all odd years thereafter, FATHER shall have the Christmas holiday. In 2014 and in all even years thereafter, MOTHER shall have the Christmas holiday. c. MOTHER shall have the child every year in February during the school break from the first full day off from school until the day the child returns to school. If possible,the time shall be extended by arranging for an educational trip with the school,or by allowing the child to miss a couple of days, assuming her attendance to that point is regular and she has not missed more school than permitted. d. Easter- FATHER shall have the Easter holiday each year. 5. Summertime- The parents agree that MOTHER shall have the child from the third full day off from school for the summertime until seven days before the beginning of the next school year when the child will be returned to FATHER. 6. Visiting the Other Parent's State—The parents agree that MOTHER may visit the child in Iowa during the school year for a maximum of six(6) days which includes five (5) overnights, with at least two weeks notice to FATHER. Unless the child has time off from school during these visits,or unless the school gives the child an excused absence,the child shall attend school during MOTHER's visit. The parents agree that FATHER may visit the child in Pennsylvania during the summertime for a maximum of three (3) days which includes two (2) overnights, with at least two weeks notice to MOTHER. �. Transportation—In 2014, 2015 and 2016 FATHER agrees to pay for three(3) round-trip tickets for the child: for the February visit; summertime; and either the Thanksgiving or Christmas holiday that year with MOTHER. Beginning in 2017, the parents agree to equally pay for those round-trip tickets for the child. In the event MOTHER goes to Iowa to visit the child during the school year or FATHER goes to Pennsylvania to visit the child during the summertime,the parents agree to be solely responsible for payment of their own transportation. 8. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual written agreement. 9. The parents agree to permit and support the child's access to all family relationships. Both parents agree to speak respectfully of the child's extended family members on her maternal and paternal sides in the presence or hearing of the child. io. Communication between parents — MOTHER and FATHER agree to provide each other with current phone numbers,e-mail addresses,and home addresses.They agree to communicate with each other about the child via e-mail. They shall relay information regarding the child's progress in school,her health,her extracurricular activities, and any other matters of which the other parent should be aware.The parent who has custody shall send an e-mail once a week to update the other parent. If an e-mail from a parent requires a response,the other parent shall respond within twenty-four hours. Only in an emergency will the parents contact each other by telephone unless mutually agreed otherwise. The parents will communicate directly with each other and not allow third parties to be involved in their communication. 11. Communication between parent and child—MOTHER and FATHER agree that the child shall call the parent who does not have custody every other night between 7:oo p.m. and 8:00 p.m. in the child's time zone.The parent who has custody is responsible for ensuring that the phone call is placed to the other parent during that time. In addition,both parents agree to provide the child with a cell phone so that she can call her parents at other times. Neither parent shall call the child more than one time per day. MOTHER and FATHER agree to make arrangements for the child to use Skype to keep in touch with the other parent. The parents agree that all communication between the child and her parents shall be private with both parents agreeing to allow the child to communicate with the other parent without the custodial parent in the same room. Neither parent will send messages to the other through the child,but instead will contact the other parent by e-mail or by phone if there is an emergency. 12. The parents agree that during any period of custody,they shall not possess or use any controlled substance; nor shall they consume alcoholic beverages to the point of intoxication; nor shall they smoke cigarettes inside their home or vehicle.The parents agree to ensure that other household members and/or houseguests comply with this prohibition. 13. Relocation-MOTHER and FATHER agree to the following regarding relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non-relocating parent to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the Court approves the proposed relocation.If a parent seeks to relocate,that parent shall notify every other individual who has custody rights to the child. Both parents must follow the statutory requirements contained in 23Pa.c.S. Section 5337. Specifically, the relocating parent must notify every other individual who has custody rights to the child by certified mail,return receipt requested.The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 6oth day before the date of the proposed relocation (2) the loth day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 6o day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 6o day notice requirement. b. Unless otherwise excused by law,the following information must be included in the notice: (1) the address of the intended new residence (2) the mailing address, if not the same as the address of the intended new residence (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence (4) the home telephone number of the intended new residence,if applicable • (5) the name of the new school district and school (6) the date of the proposed relocation (7) the reason(s)for the proposed relocation (8) a proposal for a revised custody schedule (g) any other information which the parent proposing the relocation deems appropriate (1o) a counter-affidavit as provided under subsection (d)(i) which can be used to object to the proposed relocation and modification of a Custody Order (1i) a warning to the non-relocating parent that,if the non-relocating parent does not file with the Court an objection to the proposed relocation within 30 days after receipt of notice, the non-relocating party shall be foreclosed from objecting to the relocation c. If any of the aforementioned information is not known when the notice is sent but is later made know to the parent seeking the relocation,then that parent shall promptly inform every individual who received notice. d. If the non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the Court and the other parent within 3o days. The notice of objection to the opposing parent must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above,then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the Court will not accept testimony challenging the relocation in any further review of the custodial arrangements. e. The Court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The Court may permit relocation before a full hearing if the Court finds that exigent circumstances exist. 14. Both parents agree to establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or hearing of the child and,to the extent possible,shall not permit third parties from making such comments in the presence or hearing of the child. Each parent shall speak respectfully of the other. 15. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County,Pennsylvania,for approval and for entry of an Order awarding custody as set forth herein. 16. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF,the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. %di e Date i ess VANESSA L. 1._ 404 3 Z� l 40,40,11111K. Date Witness DOU 4► C. BURTON Ort DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF . • max: v. : NO: 08-0823 c. .acp yr'vrl C' VANESSA L. BURTON, : ; CIVIL ACTION - LAW gip ; DEFENDANT : CUSTODY r S 7-7-`2) PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Plaintiff's Emergency Petition for Special Relief filed December 5, 2013 in the above listed matter. Respectfully submitted, JACOBSON, JULIUS & MCPARTLAND DATED: December 12, 2013 y: '1Wr Coll LAW''bland No. 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 717.909.7788 [fax] i,, • -. DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF v. : NO: 08-0823 VANESSA L. BURTON, CIVIL ACTION - LAW DEFENDANT : CUSTODY CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL Jane Adams 17 West South Street Carlisle, PA 17013 • DATED: 12/12/2013 • Scott.M •-a land DOUGLAS C. BURTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAN vs. No. 2008 - 0823 Civil Term r- :;u -<> to VANESSA L. BURTON, : IN CUSTODY ' - ; Defendant CIVIL ACTION- LAW ' CRIMINAL RECORD I ABUSE HISTORY VERIFICATION - - I, VANESSA SANDERSON (formerly known as Vanessa L. Burton, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) Check Crime Self/Other Date of Sentence All that household conviction, apply member guilty plea,no contest plea or pending charges 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) _ 18 Pa.C.S. §2901 ❑ (relating to kidnapping) _ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 U ❑ (relating to rape) _ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) 18 Pa.C.S. §3123 L ❑ (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault Check Crime Self/Other Date of Sentence All that household conviction, apply member guilty RISLi,no contest plea or Vending charges 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) 18 Pa.C.S. §3126 ❑ (relating to indecent assault) T 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) _ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 ❑ (relating to conduct Relating to sex offenders) 18 Pa.C.S. §3301 ❑ (relating to arson and relating offenses) 18 Pa.C.S. §4302 Q ❑ .(relating to incest) 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) 18 Pa.C.S. §4304 ❑ (relating to endangering welfare of children) w 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c)or ❑ (d)(relating to obscene and other sexual materials and perf6rmances) 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) 18 Pa.C.S. §6312 ] ❑ (relating to sexual abuse of children) 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minors) 18 Pa.C.S. §6320 U ❑ (relating to sexual exploitation of children) 23 Pa.C.S. §6114 ❑ (relating to contempt for violation of protection order or agreement) Driving under the ❑ ❑ influence of drugs or alcohol Manufacture,sale, ❑ ❑ delivery,holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below,neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply members A finding of abuse by Children&Youth ❑ ❑ __. Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania of similar statute in another jurisdiction Other: ❑ ❑ 3.Please list any evaluation,counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member,not a party,state that person's name,date of birth and relationship to the child. 5.If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signed- Date: f Prriftte Name DOUGLAS C. BURTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2008 - 823 Civil Term VANESSA L. BURTON, : IN CUSTODY Defendant : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this /9' day of A'cepie69.-- , 2013, having reviewed the attached agreement which was signed by both parties, is hereby ORDERED and DECREED that the attached stipulation shall be entered and incorporated into this Order of Court. By the Court: J. cc: /lane Adams, Esquire, for Mother /Scott McPartland, Esquire, for Father • C1 /\ 77i•�F+1 t O t y • -!r.. C) r--1 jl DOUGLAS C. BURTON • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • vs. • NO. 2008-823 CIVIL ACTION- LAW • VANESSA L. BURTON • Defendant • IN CUSTODY ORDER OF COURT AND NOW, this day of S Gcvt bc a' , 201 7, upon consideration of the attached Custody Conciliation Report, it is wagered and directed as follows: 1. The Father's Petition for Modification filed on July 10, 2013 is dismissed based on the understanding that the parties have resolved the outstanding custody issues by agreement. 2. In the event either party believes a further Order of this Court is necessary at this time related to ongoing custodial arrangements for the Child, either party may file a Petition with the Court for reassignment to conciliation. BY THE COURT, Albert H. Masland J. cc: me Adams Esquire-Counsel for Mother Scott McPartland Esquire -Counsel for Father Cd t'Cs /V/4/ �f'1' r _ a DOUGLAS C. BURTON • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • NO. 2008-823 CIVIL ACTION—LAW • • • VANESSA L. BURTON Defendant • IN CUSTODY Prior Judge: Albert H. Masland 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 Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Summer Burton 2006 Mother 2. A custody conciliation conference was held on August 29, 2013, with the following individuals in attendance: the Father, Douglas C. Burton, with his counsel, Scott McPartland Esquire, and the Mother, Vanessa L. Burton, with her counsel, Jane Adams Esquire. 3. The main issue for discussion at the conciliation conference was the Father's intended move to Iowa. At the conclusion of the conference it was agreed that the parties would attempt to resolve the outstanding issues through mediation with a professional selected by agreement between the parties. It was agreed that the attorneys would contact the conciliator following mediation to schedule a conference call which would then lead to either the rescheduling of the remainder of the conciliation conference or the scheduling of a hearing. Subsequently a conference call was scheduled by counsel for the parties which took place on October 24, 2013. At that time counsel indicated their understanding that the parties had been able to reach an agreement and that the only remaining thing was for the Mother to sign the stipulation. The parties' understanding was that the Child would reside with the Father in Iowa during the school year and with the Mother in Pennsylvania during the summer school break. It was agreed that the conciliator would hold this matter open for a maximum of an additional two weeks during which time the parties would advise if an agreement had not been finalized. 4. As the conciliator has received no further communications from counsel for either party, it is assumed that the parties have proceeded to finalize the stipulation without the need for an Order through the conciliation process at this time. 5. The conciliator recommends an Order in the form as attached. oki-k4 31 (90 IS Date Dawn S. Sunday, Esquire Custody Conciliator