Loading...
HomeMy WebLinkAbout08-3624Herbert Corky Goldstein, Esquire Attorney I.D. 07182 59 Central Boulevard Camp Hill, PA 17011 Telephone: 717-236-6491 Fax: 717-730-7449 Cell: 717-991-5919 e-mail: corkveoldstein(a),hotmail.com RICKY A. KROUT, : IN THE COURT OF COMMON PLEAS Piaintiff(Father : CUMBERLAND COUNTY, PENNSYLVANIA V. t NO. 2008-CV-CU G 5-- 3 (o a y G'v"" LAURA J. KROUT, : CIVIL ACTION - LAW Defendant/Mother :CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes the Plaintiff, RICKY A. KROUT, by his attorney HERBERT CORKY GOLDSTEIN, Esquire, and respectfully represents the following: 1. Plaintiff is RICKY A. KROUT, who resides at 126 Glendale Drive, Mechanicsburg,PA.17050. 2. Defendant is LAURA J. KROUT, who resides at 426 North !;* Street, Lebanon, PA 17046 3. Plaintiff is asking the Court that he and the Defendant be granted Shared Legal Custody. but that Primary Physical Custody now be granted to Plaintiff/Father. 4. There is now no Court Order. 5. Plaintiff and Defendant were divorced on March 31'`, 2006 in Cumberland County. 6. The best interests and welfare of the minor child, TOMMY EUGENE KROUT, born March 28, 1999, who is now nine years old, would be served by placing primary physical custody of Tommy with the Plaintiff, subject to partial custody privileges with Defendant along somewhat the very same schedule now in place. 7. Mother has moved to Lebanon County about six weeks ago, and Tommy was taken out of school without any notification to Father, and moved into a school in Lebanon City. He was in third grade in the Cumberland Valley School District where he was very active in football and basketball and doing very well in school. He had to leave all his friends and school with only two (2) months to go in the school year. No consideration again was given to Tommy's schooling or his being just taken out of his school. a. .From birth until age 5, he lived with Plaintiff and Defendant at 30 Sunset Drive, Mechanicsburg, PA 17050 in a home previously owned by the Plaintiff. b. In 2004, when Tommy was five, Defendant separated from Plaintiff, and moved with Tommy into a house owned by Kevin Kramer at 4865 Creekview Road, Mechanicsburg, PA 17050. c. In 2005, Defendant then moved with Tommy to Enola (Cumberland County) to 155 East Columbia Road, Enola, PA 17025. d. In 2006, Defendant then moved to a trailer park located at 98 Regency Woods North, Carlisle, PA. 17015 e. In April of 2008, Defendant suddenly, without prior notice to Father, moved with Tommy to Lebanon City to 426 North 5* Street, Lebanon, PA 17046, and moved in with a man named Roger Coffen, who she found on the Internet. She took Tommy out of Hampton Elementary School, grade 3, with only two months left in the school year and placed him in a school in Lebanon Northeast Elementary School, where Tommy knew no one at all, and now goes to school, and just comes home. He has again been totally and suddenly uprooted due to Mother's unstable life style. 8. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 9. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to them. 10. It is strongly believed that if Primary Physical custody was granted to Plaintiff/Father, and Defendant/Mother had somewhat what the Plaintiff/Father has now in custody/visitation with Tommy, this minor child would have a much more secure, stable, and normal environment, and have a much more balanced and fulfilling life for a child. Tommy now lives in Lebanon, and has been taken away from his family, friends, and school, where he was doing extremely well academically and in sports. He was also very happy and loved his school. 11. Defendant/Mother has just not been able to give to Tommy the essential stability and emotional well-being he desperately needs to have the opportunity and chance to grow and mature in a way all children deserve. Defendant/Mother has moved four times since separation from Father and placed Tommy in four different school districts, not for jobs 12. Tommy iW" like very _ Winch to live with his father and return to the Cumberland Vey School; District, and visit with his mother like he now does with his father. He loves his mother, but Plaintiff/Father wants him to have the opportunity for a much more balanced life, with some much needed consistency. 13. Tommy wants a secure and stable life. 14. PlaintifVFather believes that so many random men have been introduced into Tommy's young life, that his perception of "romantic relationships" between adult men and women have been very negative to a mentally healthy childhood and will only continue to be detrimental to him. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that Primary Physical Custody be given to Phdntiff/Father and Shared Legal to Plaintiff and Defendant of Tommy Eugene Kraut, but with very liberal visitation/custody with Mother/Defendant. Respectfully submitted, Date: June 56, 2008 59 Central Boulevard Camp Hill, PA 17011(Cumberland County) (717) 236-6491 Attorney for Plaintiff/Father COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VERIFICATION The undersigned, HERBERT CORKY GOLDSTEIN, ESQ., hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, as given to him by the Plaintiff/Father, and further states that any intentional false statements herein are made subject to the penalties of 18 Pac's. Section 4904 relating to unworn falsification to authorities. Date: June 4".2008 0 ) 4ti& Afirbert C. Goldstein, Esq. Counsel for Plaintiff/Father CERTIFICATE OF SERVICE I, Herbert Corky Goldstein, Esquire, do hereby certify that a true and Correct copy of this Custody Complaint with Court Order for Conciliation with time and place of Hearing was serviced by U. S. postal delivery, certified restricted delivery from Harrisburg, PA., Postage-prepaid to the following person: Laura I Kraut 426 N. 5" Street Lebanon, PA 17046 Date D a rt Cor G tein, Esquire unsel for Plaintiff/Father 1 whh i 1 ., f Ca ,? "'fill..... ?.:. 4 h r (?f } l b r Z t f RICKY A. KROUT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3624 CIVIL ACTION LAW LAURA J. KROUT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 20, 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 Wednesday, July 30, 2008 at 8:30 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. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AW AUG 10 2008 RICKY A. KROUT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-3624 CIVIL ACTION LAW LAURA J. KROUT Defendant IN CUSTODY ORDER OF COURT AND NOW this r day of 4- , 2008, upon consideration of the attached Custody Conciliation Report, t is ordered and directed as follows: 1. The Father, Ricky A. Krout, and the Mother, Laura J. Krout, shall have shared legal custody of Tommy E. Krout, born March 28, 1999. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the 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 him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Child on an alternating weekly basis, with the exchange to take place every Wednesday at 5:30 p.m. The parent receiving custody shall provide dinner for the Child. The alternating weekly schedule shall begin on August 27, 2008, with the Father having his first weekly period of custody. The Mother shall have custody of the Child from August 24 through 26 and shall accompany the Child to the bus on the first day of school, August 27. 3. The Child shall attend the Green Ridge Elementary School in the Cumberland Valley School District beginning in the 2008-2009 school year. Neither party shall change the Child's school enrollment without the advance consent of the other parent or by Court Order. 4. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Turkey Hill on Route 114 and the Wertzville Road in Mechanicsburg. 5. The parties shall cooperate in working with the school in an effort to determine whether the Child may get on and off the bus at each parent's bus stop during alternate weeks or whether some other arrangement is necessary. 6. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 7. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, November 11, 2008 at 9:00 a.m. The purpose of the conference shall be to review the custodial arrangements and determine whether it is necessary to obtain a custody evaluation. 8. The shared physical custody schedule set forth in this Order is based on the understanding that the Mother will be moving to a residence on Wertzville Road in Mechanicsburg. In the event the move does not take place as planned, counsel for either party or a party pro se may contact the conciliator to schedule a conference as soon as possible, if necessary. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jferbert Corky Goldstein, Esquire - Counsel for Father /aura J. Krout - Mother J n _. oY % 1.s s CZ) N RICKY A. KROUT Plaintiff vs. LAURA J. KROUT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3624 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 Tommy Eugene Krout March 28, 1999 Mother 2. A custody conciliation conference was held on August 13, 2008, with the following individuals in attendance: the Father, Ricky A. Krout, with his counsel, Herbert Corky Goldstein, Esquire, and the Mother, Laura J. Krout, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. 0",/- 13, aC)u Date Dawn S. Sunday, Esquire Custody Conciliator NOV Z 4 2008 G, RICKY A. KROUT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-3624 CIVIL ACTION LAW LAURA J. KROUT Defendant IN CUSTODY ORDER AND NOW, this 18th day of November, 2008, the conciliator, being advised by Plaintiff s counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator t`•-. • Ai r RICKY A. KROUT Plaintiff/Father Vs. LAURA J. KROUT Defendant/Mother : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3624 3 ?, q CIVIL ACTION -LAW CUSTODY PETITION FOR EMERGENCY SPECIAL RELIEF/ AND PETITION FOR MODIFICATION OF EXISTING ORDER 1. A Custody Order was signed by Judge Edgar B. Bayley on August 19th, 2008, after an Agreement was reached at a Custody Conference before Dawn S. Sunday, Esquire, the Custody Conciliator on August 13t`, 2008. A copy of that Order is attached to this Petition. 2. The reason for the Petition for Emergency Special Relief is that school at Greenridge Elementary in the Cumberland Valley School District for Tommy Eugene Krout starts on August 27th, 2009, and Mother is moving out of the school district to Millerstown to live with another man (her sixth in 6 years), and Mofhei told the School District she was moving to Millerstown out of the School District, but that Tommy would now be living with his father (no one week on and one week off as it is now) during the school year. Mother even gave to the School District her new address in Millerstown, and that is how Plaintiff/Father found out about this scheme. 3. Mother then told father that since she was moving to Millerstown (a 45 minute car ride away) that Tommy would stay with "her" primarily (which would be illegal for attendance at Cumberland Valley School District, and father could have their son on every Wednesday after school until Thursday morning when he goes to school. Mother has made this unilateral decision to just change the existing Order from one week on/one week off, but lied to the School District as to where Tommy would be really living. 4. Ricky Krout then went to the School and he was informed that Tommy would have to be with him for the school year, as mother is moving to Millerstown and she agreed to this new arrangement. However, she only told this to the School District, but she plans to have Tommy stay with her during the school year primarily, and told the father, Ricky Krout, he would have Tommy every Wednesday night and every other week end. 5. Mother has unilaterally just changed the existing Court Order, but lied to the Cumberland Valley School District as to her "real" intentions, as she knows that it " would not be legal, as she is going to be living outside the school district, a 45 minute car ride away. 6. Again, as she tried before, she plans to take Tommy away from his family, all his school friends, his father, etc., and she is taking him to Millerstown where there -is no family except for her, none of his friends, and somehow believes she can just do this and dictate when Tommy would see his father. 7. The Plaintiff/Father, because school is starting on the 27th of August must have this resolved for his son and the School District as soon as possible and prevent the Defendant/Mother from removing their son from the School District and relocating him 45 minutes away. 8. Plaintiff/Father is now requesting that Tommy live with him and Tommy's family throughout the school year, and Defendant/Mother will have him every other weekend from Friday after school until Monday morning when she brings him to school, continue to share the Holidays, as they now do, and then in the summer go back to the one week with Father and one week with Mother (one week on and one week off schedule). 9. Tommy did very well in school this past year and is very stable and happy at his school and with his friends and everything about his life. Mother's plan we submit would be very harmful to Tommy. 10. Because of the distance, it is apparent that he will also miss his football practices and other activities. 11. Right now Mother is living within the School District, at 6%1 Wertzville Road, Mechanicsburg, Pennsylvania 17050. She told the School District she would be living at 136 Marsh Run Drive, Millerstown, Pennsylvania 17062 beginning September 1", 2009. 12. We respectfully request that Hearing be established as soon as possible so Todmy knows what his life will be when school starts on August 27th, 2009. Date LI . RLIP61) 7 Counsel for the . -, Ricky Krout Respectfully Submitted VERIFICATION Attorney Herbert Corky Goldstein verifies that the facts set forth in this Petition are true and correct to the best of his knowledge, as given to him by the Plaintiff/Father, Ricky Krout, under penalty of law mandated under Pennsylvania Statutes. A rney He Golds AFFMAVIT OF EMCE 1, Attorney Herbert Corky Goldstein, by this Affidavit of Service, hereby state that I served by Certified Mail the Defendant/Mother, Laura Krout at her residence at 6%1 Wertzvllle Road, Mechanicsburg, Pennsylvania, 17050. Date AHe rt Corky Go in orney AUr 1 8 2008 y RICKY A. KROUT Plaintiff VS. LAURA J. KROUT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3624 CIVIL ACTION LAW IN CUSTODY AND NOW, this day of ,r-, 2008, upon consideration of the attached Custody Conciliation Report, 4s ordered and directed as follows: 1. The Father, Ricky A. Krout, and the Mother, Laura J. Krout, shall have shared legal custody of Tommy E. Krout, born March 28, 1999. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the 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 him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Child on an alternating weekly basis. with the exchange to take place every Wednesday at 5:30 p.m. The parent receiving custody shall provide dinner for the Child. The alternating weekly schedule shall begin on August 27, 2008, with the Father having his first weekly period of custody. The Mother shall have custody of the Child from August 24 through 26 and shall accompany the Child to the bus on the first day of school, August 27. 3. The Child shall attend the Green Ridge Elementary School in the Cumberland Valley School District beginning in the-2008-2009 school year. Neither party shall change the Child's school enrollment without the advance consent of the other parent or by Court Order. 4. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Turkey Hill on Route 114 and the Wertzville Road in Mechanicsburg. Y\ 4W 5. The parties shall cooperate in working with the school in an effort to determine whether the Child may get on and off the bus at each parent's bus stop during alternate weeks or whether some other arrangement is necessary. 6. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 7. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, November 11, 2008 at 9:00 a.m. The purpose of the conference shall be to review the custodial arrangements and determine whether it is necessary to obtain a custody evaluation. 8. The shared physical custody schedule set forth in this Order is based on the understanding that the Mother will be moving to a residence on Wertzville Road in Mechanicsburg. In the event the move does not take place as planned, counsel for either party or a party pro se may contact the conciliator to schedule a conference as soon as possible, if necessary. 9. Neither party shall do or say anything which may estrange the Child from the other parent. injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Ist -A? cc: Herbert Corky Goldstein. Esquire - Counsel for Father Laura J. Krout - Mother TRUE ro)PY -. Testimony -ti:,- he seal of said;: 19 PROM RECORD i he . umito set my hand ETA ?y 00 J Ck,k- 3??7 RICKY A. KROUT, IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA J. KROUT, RESPONDENT 08-3624 CIVIL TERM ORDER OF COURT AND NOW, this P t? day of August, 2009, the petition for modification of the existing custody order of August 19, 2008, is referred to conciliation. The petition for emergency relief is granted without a hearing. Since the current custody order of August 19, 2008, provides that Tommy E. Krout shall attend the school in the Cumberland Valley School District, and that neither party shall change the child's school enrollment without advance consent the other parent or by court order, and that neither of those conditions has occurred, IT IS ORDERED that the mother may not now remove the child from the Cumberland Valley School District pending further order of court. Herbert Corky Goldstein, Esquire For Petitioner Laura J. Krout 6961 Wertzville Road Mechanicsburg, PA 17050 Dawn Sunday, Esquire Custody Conciliator Court Administrator - 0.013 t l es ni la l£? S ?4?09 :sal OF T! RROT'.=CTARY 2009 AUG 19 FM 2: 3 4 rry P EANNV'SYLVlaNIA RICKY A. KROUT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3624 CIVIL ACTION LAW LAURA J. KROUT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, August 21, 2009 , 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 Friday, September 04, 2009 at 10:30 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. Sunda Esq., Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF THE P •, ;7' ;~,!OTAPY 2009 AUG 24 AN 11: 22 C?1tf , ??11y afts/09 OZ24 . L, L r*-La Ecc -i) jw? i/ CiC --L 44 ?. ,? emu •C , C°P7 `? SEP 2 5 2009 G7 RICKY A. KROUT vs. Plaintiff LAURA J. KROUT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3624 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2.' day of si?ojp4L , 2009, upon consideration of the attached Custody Conciliation Report, rt i ordered and directed as follows: 1. The prior Order of this Court dated August 19, 2008 is vacated and replaced with this Order. 2. The Father, Ricky A. Krout, and the Mother, Laura J. Krout, shall have shared legal custody of Tommy E. Krout, born March 28, 1999. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the 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 him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. During the school year, the Father shall have primary physical custody of the Child. 4. During the school year, the Mother shall have partial physical custody of the Child on alternating weeks from Friday at 5:30 p.m. through Tuesday at 4:00 p.m. On Fridays, the parties shall exchange custody of the Child at the Rite Aid store located at the Wertzville Road and Route 15 or other mutually agreed upon location. The Mother shall either transport the Child directly to school or to the Child's bus stop in the mornings during her periods of custody. In the event the Child is unable to attend school due to illness, the Mother shall be responsible to provide care for the Child or to make arrangements for the Child's care. The Mother's weekend periods of custody shall begin on Friday, October 2, 2009. I... 5. The parties shall share having custody of the Child during the summer school break on an alternating weekly basis. The Father shall not unreasonably withhold his consent in the event the Mother requests additional time in the summer for special events or vacation periods. 6. The parties shall have custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve through December 26 at 10:00 a.m. and the Mother shall have custody from December 26 at 10:00 a.m. through the day before school resumes after the holiday, with the specific time for exchange to be arranged by agreement. B. Easter: The parent who has custody of the Child under the regular custody schedule over the Easter holiday shall have custody of the Child for the holiday. C. Spring Break: In the event the Child's spring break from school falls separately from the Easter holiday, the Mother shall have custody of the Child for the spring break. D. Remaining holidays: The parties shall share having custody of the Child on the remaining holidays as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Both parties shall ensure that the Child attends all of his regularly scheduled activities during his or her periods of custody. 8. In the event either party intends to relocate his or her residence, that party shall provide written notice to the other party at least 45 days in advance. 9. Neither party shall change the Child's school enrollment without advance written consent from the other parent or entry of a Court Order. 10. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Rite Aid store located at the Wertzville Road and Route 15. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY Edgar B. Ba- k J. cc: rbert Corky Goldstein, Esquire - Counsel fo: T/ura J. Krout - Mother RICKY A. KROUT Plaintiff vs. LAURA J. KROUT Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3624 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 Tommy E. Krout March 28, 1999 Mother/Father 2. A custody conciliation conference was held on September 21, 2009, with the following individuals in attendance: the Father, Ricky A. Krout, with his counsel, Herbert Corky Goldstein, Esquire, and the Mother, Laura J. Krout, who is not represented by counsel in this matter. 3. The parties agree to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 2? Dt9 `EY G 9 i i f