Loading...
HomeMy WebLinkAbout08-4589Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmalaw.com NANCY KREINER, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ?'' yS 9 (Civil Term) TIFFANY ANN SUNDAY F/K/A CIVIL ACTION -LAW TIFFANY ANN BURNHAM, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Nancy Kreiner, residing at 586 Rockville Road, Spring Grove, PA 17362. 2. The Defendant is Tiffany Ann Sunday, f/k/a Tiffany Ann Burnham. 3. Plaintiff seeks partial custody of the following child: NAME PRESENT RESIDENCE William Charles Burnham, III 205 W. Springville Road Boiling Springs, PA 17007 The child is presently in the custody of Tiffany Ann Sunday who resides at 205 W. Springville Road, Boiling Springs, PA 17007. During the past five years, the child has resided with the following persons and at the following addresses: (List All Persons) (List All Addresses) Dates William Charles Burnham, Jr. 26 Clemens Drive February, 2003 - Defendant Dillsburg, PA 17019 November, 2005 Tanner Schmitt William Charles Burnham, Jr. 112 Stoney Run Road November, 2005 - Defendant Dillsburg, PA 17019 January 25, 2006 Tanner Schmitt On or about January 25, 2006, William Charles Burnham, Jr. and Defendant separated and William's living arrangements were shared at the following addresses between January and June 25, 2006: Defendant 112 Stoney Run Road January 25, 2006 - Tanner Schmitt Dillsburg, PA 17019 Beg. of May, 2006 William Charles Burnham, Jr. 142 Spring Road January 25, 2006 - Tanner Schmitt Dillsburg, PA 17019 Beg. of May, 2006 Defendant 112 Stoney Run Road May, 2006 - Tanner Schmitt Dillsburg, PA 17019 June 25, 2006 Eric Wileman William Charles Burnham, Jr. 142 Spring Road May, 2006 - Tanner Schmitt Dillsburg, PA 17019 June 25, 2006 Defendant With Defendant's June 25, 2006 - Tanner Schmitt Mother's (Bonnie L. Myers) Middle of July, 2006 home at 22 S. York Road Dillsburg, PA 17019 Defendant 112 Stoney Run Road Middle of July, 2006 - Tanner Schmitt Dillsburg, PA 17019 August, 2006 Eric Wileman Defendant 39 Brian Drive August, 2006 - Tanner Schmitt Carlisle, PA 17013 July, 2007 Eric Wileman Defendant 205 W. Springville Road July, 2007 - Tanner Schmitt Boiling Springs, PA 17007 November, 2007 Eric Wileman Defendant 205 W. Springville Road November 27, 2007 - Tanner Schmitt Boiling Springs, PA 17007 December 27, 2007 Defendant 205 W. Springville Road December 27, 2007 - Tanner Schmitt Boiling Springs, PA 17007 Present Jeremy Sunday The mother of the child is Tiffany Ann Sunday, currently residing at 205 W. Springville Road, Boiling Springs, PA 17007. She is married. The father of the child is William Charles Burnham, Jr. Mr. Burnham is deceased, having died on June 25, 2006. 4. The relationship of Plaintiff to the child is that of paternal grandmother. The Plaintiff currently resides with her husband, Jordan Kreiner. 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Jeremy Sunday Husband Tanner Schmitt Son William Charles Burnham, III Son 6. The parties have not participated in other litigation concerning the custody of minor child, William. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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 or visitation rights with respect to the child. 7. Plaintiff has been actively involved in William's life since his birth and her involvement continued following the death of William's father. During the period from June 25, 2006 through May 24, 2008, Plaintiff had periods of partial custody of William on the following schedule: Every week from Friday at 3:30 p.m. to noon on Saturday; On alternating weekends from Friday at 3:30 p.m. through Sunday at 5:00 p.m. In addition, during the school year, Plaintiff met William to help him with his school work three days per week. William also spent summer and holiday time with Plaintiff. On May 31, 2008, Defendant unilaterally stopped all contact between Plaintiff and William. It has been reported to Plaintiff that Defendant has, in response to his questions, advised William that Plaintiff no longer spends time with him because she does not want to see him anymore and no longer wants to come and pick him up. The best interest and permanent welfare of William will be served by reinstating the schedule of contact that existed between Plaintiff and William prior to May 31, 2008 and defining the holiday and summer schedules to afford William an opportunity to have an ongoing meaningful relationship with not only his paternal grandmother but also his deceased father's extended family. WHEREFORE, Plaintiff requests this Honorable Court to grant her periods of partial custody of William commensurate with the schedule of contact that existed prior to May 31, 2008. Sandra L. Meilton, Esgxire, No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION 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. ,q? Nancy Krei r, Plaintiff 4t = Mf Sb 0 %n? NANCY KREINER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4589 CIVIL ACTION LAW TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 09, 2008 at I1:00 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/ john. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r' P Vtl tflt?lJl iNU ?1NtI8wfla 90 T Nd C- M $Oot AWiQNGHiCdd 3Hl dQ 301:14 3-(MIJ Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeiltonAdzmmglaw.com NANCY KREINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008-4589 (Civil Term) TIFFANY ANN SUNDAY F/K/A CIVIL ACTION -LAW TIFFANY ANN BURNHAM, Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AND NOW, this 15th day of August, 2008, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that Defendant, Tiffany Ann Sunday f/k/a Tiffany Ann Burnham, was served with a copy of the Complaint for Custody and scheduling Order dated August 5, 2008 as follows: 1. Service with a certified copy of the documents by certified mail no. 7004 2890 0001 3911 1077, return receipt requested, with the same being received by Defendant on August 13, 2008, as indicated by the return receipt card which is attached hereto. 2. Service with a copy of the documents by first class mail sent on July 31, 2008. See attached Certificate of Mailing and receipt from U.S. Post Office, Lower Paxton Branch, Harrisburg, PA. 3. Personal service with a photocopy of the documents by Michael P. Maugans, Constable, on August 13, 2008 at 8:47 p.m. at Defendant's home at 205 W. Springville Road, Boiling Springs, PA, as evidenced by the attached Service of Process form signed by both Defendant and Mr. Maugans. a M. Rine Sworn to and subscribed before me i 1 th da A ust, 2008. N ublic CC 1AQ1 r#EALAj OF PENNSYLVANIA (SEAL) NOTARIAL Sfik PATRICIA A. PATTON, Notary Pubk Lower Paxton Twp., Dauphin Cw* Comnwsion Exp res June 20, 20 0 r t~ h C3 r q r-q r9 D" m ra 0 0 O O Er Co ru zr C3 0 tti Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorserro t Required) F-5 70 ' ¦ Complete items 1, 2, and 3. Also complete A. Item 4 if Restricted X C3 ¦ Print your name and addmw on the arse Addressm so that we can mtum the card to you. ¦ Attaoh this card to the hack of the mailpkwe, M Received by ( !ftm) --` - C. Date of De 3 ?, or on the front If space permib. 1. Artlde Addressed to: D. Is deNvoy add" different from 11 13 Yes ff YES, enter delivery address bebw: ? No MRS . TIFFANY ANN ST?.Y 205 W. SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 a am" lype dCerow MIN ? 6gxees MIN ? Registered 0 Return Roos" far Mwdwxbe ? Insured Mall ? C.O.D. 4. Restricted DsNwry9 (Extra Fee) ? lies 2. Amide Number 7004 2890 0001 3 911 1077 (1flnstrer han servks /tbap Ps Form 3811, Fd nmy 2m DomeMtc ReAan Room" 102105402-WI 50 LOWER PAXTON BRANCH HARRISBURG, Pennsylvania 171124002 4134870110 -0097 1/2008 (800)275-8777 01:40:43 PM Sales Receipt luct Sale Unit Final ription Oty Price Price ING SPRINGS PA $1.00 7 Zone-1 t-Class Large Env 0 oz. .tourer Postage -$1.00 btotal: $0.00 ificate 1 $1.10 $1.10 wiling 1: $1.10 by: n.w' $1. IC r stamps at USPS.co or call 0-Stamp24. Go to LJW.dbg/clicknship rint shipping labels ostage. other information call 1-800-ASK-USPS .#: 1000303589989 k: 09 11 sales final on sumps and postage, efunds for guaranteed services only. Thank you for your business. HELP US SERVE YOU BETTER Go to: http://gx.gallup.com/pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS T 0000 Customer Cor COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN Commonwealth of Pennsylvania Pennsylvania State Constable SAL Michael P. Maugans (717) 545-4448 SERVICE OF PROCESS Nancy Kreiner VS. DEFENDANT: NAME and ADDRESS r - Tiffany Ann Sunday F/K/A Tiffany Ann Burnham 205 W Springville Road (Boiling Springs PA 17007 Docket No.: 2008-4589 Date Filed: AA& Served upon 4AIAl 1 4M1 , by handing a copy of Describe Document(s): (Person to be served) Order of Court pertaining to a Pre-Hearing Custody Conference (Person Actu ly Served) (Relationship) on ?// 0 at 7' (l /' M., at (Date) (Time) aas.??ni?/(' V, ter (Location) For Landlord/Tenant complaints: Since none of the above found, served by posting a copy of the complaint conspicuously on the premises on , at . M., (Date) (Time) at (Location) Miles Traveled: / (,# a5; 7*) (Signature) Michael P. Maugans- Cons able I AOPC 624-95 (Print Name and Title) Cx ' C to NANCY KREINER, V. Plaintiff TIFFANY ANN SUNDAY, f/k/a TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4588 CIVIL ACTION - LAW IN CUSTODY NOTICE YOU ARE HEREBY NOTIFIED to plead to the within Preliminary Objections within twenty (20) days after service of this Objection. NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY, f/k/a TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-458 CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS AND NOW comes the Defendant, Tiffany Ann Sunday, by and through her attorneys, Foreman, Foreman, & Caraciolo, P.C., and Joseph D. Caraciolo, Esquire, and files these Preliminary Objections, making the following averments: 1. LACK OF CAPACITY TO SUE. Plaintiff lacks the capacity to sue the Defendants as she lacks standing to bring the current action. 2. FAILURE OF A PLEADING TO CONFORM TO LAW. Plaintiffs filed this civil action based on an unconstitutional section of the civil code according to Troxel v. Granville, 530 U.S. 57, 67, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). 3. FAILURE OF A PLEADING TO CONFORM TO RULE OF COURT. The Complaint for Custody (attached as Exhibit "A" hereto and incorporated by reference as Complaint) fails to conform to rule of court. Pursuant to Pennsylvania Rule of Civil Procedure 1915.3(a), "an action shall be commenced by filing a verified complaint substantially in the form provided by Rule 1915.15(a)." The Complaint is not substantially in the form proscribed, nor does it include necessary information in order to properly initiate a custody action as proscribed by rule 19153(a) and 1915.15(a). 4. FAILURE OF A PLEADING TO CONFORM TO RULE OF COURT. Pursuant to Pennsylvania Rule of Civil Procedure 1915.3(e), "A grandparent seeking physical and/or legal custody of a grandchild pursuant to 23 Pa.C.S.§5313(b) must plead, in paragraph 7 of the complaint set forth at Rule 1915.15(a), facts establishing the elements of a cause of action under §§ 5313(b)(1), (2) and (3)." The Complaint does not provide facts establishing the elements of a cause of action under §§ 5313(b)(1), (2) and (3) as required by rule 19153(e) and 1915.15(a). 5. LEGAL INSUFFICIENCY OF A PLEADING. The Complaint is insufficient. Pursuant to Pennsylvania Rule of Civil Procedure 19153(a), "an action shall be commenced by filing a verified complaint substantially in the form provided by Rule 1915.15(a)." The Complaint does not provide sufficient information as required by rule 19153(a) and 1915.15(a). WHEREFORE, Plaintiffs complaint for Custody should be dismissed and the scheduled custody conciliation conference should be cancelled. Date: ©k 3 O Jqs h D. Caraciolo, Esquire Market Street, 6t' Floor arrisburg, PA 17101 Tel: (717) 236-9391 ID No. 90919 EXHIBIT A Sandra L. Wilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 sme ilton (@dzmmg law. com. COPY NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. p$- 1E58? (Civil Term) CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2008, at , for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference if requested by the Custody Conference Officer. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Date By: Custody Conference Officer 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 faciiities and------- reasonable accommodations available to disable 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 ON, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUIVUBERLAND COUNTY BAR ASSOCiATiGid 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton0,dzmmglaw.com NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (Civil Term) CIVIL ACTION -LAW TIFFANY ANN BURNHAM, 0 r.,) Defendant IN CUSTODY 17362. c_ C: -?, COMPLAINT FOR CUSTODY 7 C 1. The Plaintiff is Nancy Kreiner, residing at 586 Rockville Road, Spring Ci~ove,IA 5 2. The Defendant is Tiffany Ann Sunday, f/k/a Tiffany Ann Burnham. 3. Plaintiff seeks partial custody of the following child: 1VA1V1L' r- r11N 1 nr'Jll/i?1VCL William Charles Burnham, III 205 W. Springville Road Boiling Springs, PA 17007 The child is presently in the custody of Tiffany Arm Sunday who resides at 205 W. Springville Road, Boiling Springs, PA 17007. During the past five years, the child has resided with the following persons and at the following addresses: (List All Persons) (List All Addresses) (Dates) William Charles Burnham, Jr. 26 Clemens Drive February, 2003 - Defendant i) 111JVlAr?, P[z i7ViJ Noveiii ver, 2vv? Tanner Schmitt William Charles Burnham, Jr. 112 Stoney Run Road November, 2005 - Defendant Dillsburg, PA 17019 January 25, 2006 Tanner Schmitt On or about January 25, 2006, William Charles Burnham, Jr. and Defendant separated and William's living arrangements were shared at the following addresses between January and June 25, 2006: Defendant 112 Stoney Run Road January 25, 2006 - Tanner Schmitt Dillsburg, PA 17019 Beg. of May, 2006 William Charles Burnham, Jr. 142 Spring Road January 25, 2006 - Tanner Schmitt Dillsburg, PA 17019 Beg. of May, 2006 Defendant 112 Stoney Run Road May, 2006 - Tanner Schmitt Dillsburg, PA 17019 June 25, 2006 Eric Wileman William Charles Burnham, Jr. 142 Spring Road May, 2006 - Tanner Schmitt Dillsburg, PA 17019 June 25, 2006 Defendant With Defendant's June 25, 2006 - Tanner Schmitt Mother's (Bonnie L. Myers) Middle of July, 2006 home at 22 S. York Road Dillsburg, PA 17019 'n A Defendant 112 Stoney Run Road Middle of July, 2006 - Tanner Schmitt Dillsburg, PA 17019 August, 2006 Eric Wileman Defendant 39 Brian Drive August, 2006 - -Tanner Eric Wileman Defendant 205 W. Springville Road July, 2007 - Tanner Schmitt Boiling Springs, PA 17007 November, 2007 Eric Wileman Defendant 205 W. Springville Road November 27, 2007 - Tanner Schmitt Boiling Springs, PA 17007 December 27, 2007 Defendant 205 W. Springville Road December 27, 2007 - Tanner Schmitt Boiling Springs, PA 17007 Present Jeremy Sunday The mother of the child is Tiffany Ann Sunday, currently residing at 205 W. Springville Road, Boiling Springs, PA 17007. She is married. The father of the child is William Charles Burnham, Jr. Mr. Burnham is deceased, having died on June 25, 2006. 4. The relationship of Plaintiff to the child is that of paternal grandmother. The Plaintiff currently resides with her husband, Jordan Kreiner. 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Jeremy Sunday Husband Tanner Schmitt Son William Charles Burnham, III Son 6. The parties have not participated in other litigation concerning the custody of minor child, William. Plaintiff has no information of a custody proceeding concerning the child pending ----------ina-court ofthis-C-or=onweaitl -or-any-other-state------ 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 or visitation rights with respect to the child. 7. Plaintiff has been actively involved in William's life since his birth and her involvement continued following the death of William's father. During the period from June 25, 2006 through May 24, 2008, Plaintiff had periods of partial custody of William on the following schedule: Every week from Friday at 3:30 p.m. to noon on Saturday; On alternating weekends from Friday at 3:30 p.m. through Sunday at 5:00 p.m. In addition, during the school year, Plaintiff met William to help him with his school work three days per week. William also spent summer and holiday time with Plaintiff. On May 31, 2008, Defendant unilaterally stopped all contact between Plaintiff and William. It has been reported to Plaintiff that Defendant has, in response to his questions, advised William that Plaintiff no longer spends time with him because she does not want to see him anymore and no longer wants to come and pick him up. The best interest and permanent welfare of William will be served by reinstating the schedule of contact that existed between Plaintiff and William prior to May 31, 2008 and defining the holiday and summer schedules to afford William an opportunity to have an ongoing meaningful relationship with not only his paternal grandmother but also his deceased father's extended family. WHEREFORE, Plaintiff requests this Honorable Court to grant her periods of partial custody of William commensurate with the schedule of contact that existed prior to May 31, 2008. Sandra L. Meilton, Esquire, No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION 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. r Nancy *re er, Plaintiff NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY, f/k/a TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4588 CIVIL ACTION - LAW IN CUSTODY ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Defendant, Tiffany Ann Sunday; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. y Date:OS? 3 U I ??Y ph D. Caraciolo, Esquire 2 Market Street, 6thFloor arrisburg, PA 17101 Tel: (717) 236-9391 ID No. 90919 NANCY KREINER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 08-4588 TIFFANY ANN SUNDAY, f/k/a : CIVIL ACTION - LAW TIFFANY ANN BURNHAM, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing DEFENDANT'S PRELIMINARY OBJECTIONS upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in United States first class mail, postage prepaid, and addressed as follows: Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Date: ar 3 c? Jeph D. Caraciolo, Esquire yi-2 Market Street, 6th Floor Harrisburg, PA 17101 Tel: (717) 236-9391 ID No. 90919 ?'?} r..? _ ? , ?. s _ ?+, ti - t_R !' „ - ? -, .. ) NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY, f/k/a TIFFANY ANN BURNHAM, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-4588 CIVIL ACTION - LAW IN CUSTODY ENTRY OF APPEARANCE Please enter the appearance of the undersigned, Joseph D. Caraciolo, Esquire, on behalf of the Defendant, Tiffany Ann Sunday, with regard to the above captioned action. Date: -qq ( ? 1 OIK J9,deph D. M 2 Market Street, 6thFloor Harrisburg, PA 17101 Tel: (717) 236-9391 ID No. 90919 .J C + ? 5rt;i "? Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(a)dzmmglaw.com NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 20084589 (Civil Term) CIVIL ACTION - LAW : IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW COMES, Plaintiff, Nancy Kreiner, by and through her undersigned counsel, and files this Answer to Preliminary Objections, and in support thereof, avers as follows: 1. LACK OF CAPACITY TO SUE. It is denied that Plaintiff lacks standing to bring the current action. To the contrary, it is averred that Nancy Kreiner, plaintiff in this action, is the paternal grandmother of William Charles Burnham, III. Ms. Kreiner's standing to sue is based on two criteria. First, 23 Pa. C.S.A. §5311 - When Parent Deceased - specifically provides for standing for a grandparent to be granted partial custody or visitation in a situation where the parent of the child in question is deceased. The Complaint for Custody sets forth the fact that Ms. Kreiner is William's paternal grandmother and the fact that William's father is deceased. Standing for Ms. Kreiner is clearly established by 23 Pa.C.S.A. §5311. Further, the Pennsylvania Supreme Court held in RM v. Baxter, 777 A.2d 446 (Pa. 2001) that grandparents have automatic standing to pursue physical and legal custody by virtue of the familial relationship. Cases subsequent to Baxter have interpreted Baxter as "indicative of the Supreme Court's expansive, rather than restrictive, reading of the language conferring standing upon grandparents" in matters of custody and visitation. In Re Adoption of JDT and JTT, 796 A.2d 992 (Pa. Super. 2002). 2. FAILURE OF A PLEADING TO CONFORM TO LAW. It is denied that Ms. Kreiner filed the instant action based on an unconstitutional section of the civil code. To the contrary, it is averred that the action is based upon 23 Pa.C.S.A. §5311 - When Parent Deceased. This statute has survived constitutional challenge and it has been established that the statute does not violate the equal protection clauses or due process clause in that it only allows grandparents to petition for partial custody or visitation under limited circumstances, and because it was appropriate to treat children who had lost a parent differently than children who had not for the purpose of protecting the child's emotional well-being. Fausey v. Hiller, 851 A.2d 193 (Pa. Super. 2004) affirmed by 588 Pa. 342, 904 A.2d 875 (2006). Defendant's reliance upon Troxel v. Granville, 530 U.S. 57, 67, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) is misplaced in that in Troxel the Supreme Court addressed an Oregon statute that was significantly different from the Pennsylvania statute under which standing is established in this case. The Troxel rationale has been reviewed in Pennsylvania and specifically rejected as to 23 Pa.C.S.A. §5311 (See Fausey v. Hiller, supra). 3. FAILURE OF A PLEADING TO CONFORM TO RULE OF COURT. It is denied that the Complaint for Custody fails to conform to rule of court. To the contrary, it is averred that the Complaint filed in this case is substantially in the form required under Pennsylvania Rule of Civil Procedure 1915.3(a) and 1915.15(a). 4. FAILURE OF A PLEADING TO CONFORM TO RULE OF COURT. Ms. Kreiner is not seeking legal or physical custody of William under 23 Pa.C.S.A. §5313(b) as alleged by Defendant in this paragraph. Rather, Ms. Kreiner seeks partial custody under 23 Pa.C.S.A. §5311 - When Parent is Deceased. This statute affords the grandparents the right to reasonable partial custody if it is in the best interest of the child and if such contact would not interfere with the parent child relationship. The Complaint at issue alleges that William, both before and after his father's death in June of 2006, spent considerable time with Ms. Kreiner, his paternal grandmother and that it is in his best interest to continue to do so. It is further alleged that following father's death in June, 2006, Defendant permitted William to stay overnight with Ms. Kreiner every weekend (one weekend a "long" weekend and the next a "short" weekend). This consistent pattern of contact continued until May 31, 2008 when Defendant unilaterally stopped all contact between Ms. Kreiner and William. The pleading avers that the only explanation provided to William was that Ms. Kreiner "no longer wanted to spend time with him" - a statement that is patently false. The factors pled (including but not limited to, the fact that William had prior to and after father's death spent substantial time with Ms. Kreiner and that Ms. Kreiner had provided William with emotional support) are sufficient pleading to substantially comply with the requirements of 23 Pa.C.S.A. §5311 and the requisite Pennsylvania Rules of Civil Procedure. 5. LEGAL INSUFFICIENTY OF A PLEADING. It is denied that the Complaint for Custody fails to conform to rule of court. To the contrary, it is averred that the Complaint filed in this case is substantially in the form required under Pennsylvania Rule of Civil Procedure 1915.3(a) and 1915.15(a). By way of further reply, it is averred that the Complaint filed by Plaintiff was a verified Complaint substantially in the form provided by Pennsylvania Rules of Civil Procedure Nos. 1915.3(a) and 1915.15(a). WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's Preliminary Objections and permit the Custody Conciliation Conference to move forward. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 9/8/08 By: Sandra L. Meilto , Esquire, ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I verify that the statements made in this 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. ?- 0- o'r Nancy Krei r, Plaintiff CERTIFICATE OF SERVICE e 4-AN I, Gloria M. Rine, Paralegal to Sandra L. Meilton, hereby certify that on this day of September, 2008, a true and correct copy of the foregoing document was served on counsel for the Defendant by forwarding same via mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6 h Floor Harrisburg, PA 17101 Gloria M. Rine Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(a dzmmglaw.com. NANCY KREINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008-4589 (Civil Term) TIFFANY ANN SUNDAY F/K/A CIVIL ACTION - LAW TIFFANY ANN BURNHAM, Defendant IN CUSTODY AMENDED COMPLAINT FOR CUSTODY 1. The Plaintiff is Nancy Kreiner, residing at 586 Rockville Road, Spring Grove, PA 17362. 2. The Defendant is Tiffany Ann Sunday, f/k/a Tiffany Ann Burnham, 205 W. Springville Road, Boiling Springs, PA 17007. 3. Plaintiff seeks partial custody of the following child: NAME PRESENT RESIDENCE William Charles Burnham, III 205 W. Springville Road Boiling Springs, PA 17007 The child is presently in the custody of Tiffany Ann Sunday who resides at 205 W. Springville Road, Boiling Springs, PA 17007. During the past five years, the child has resided with the following persons and at the following addresses: (List All Persons) (List All Addresses) Dates William Charles Burnham, Jr. 26 Clemens Drive February, 2003 - Defendant Dillsburg, PA 17019 November, 2005 Tanner Schmitt William Charles Burnham, Jr. 112 Stoney Run Road November, 2005 - Defendant Dillsburg, PA 17019 January 25, 2006 Tanner Schmitt On or about January 25, 2006, William Charles Burnham, Jr. and Defendant separated and William's living arrangements were shared at the following addresses between January and June 25, 2006: Defendant 112 Stoney Run Road January 25, 2006 - Tanner Schmitt Dillsburg, PA 17019 Beg. of May, 2006 William Charles Burnham, Jr. 142 Spring Road January 25, 2006 - Tanner Schmitt Dillsburg, PA 17019 Beg. of May, 2006 Defendant 112 Stoney Run Road May, 2006 - Tanner Schmitt Dillsburg, PA 17019 June 25, 2006 Eric Wileman William Charles Burnham, Jr. 142 Spring Road May, 2006 - Tanner Schmitt Dillsburg, PA 17019 June 25, 2006 Defendant With Defendant's June 25, 2006 - Tanner Schmitt Mother's (Bonnie L. Myers) Middle of July, 2006 home at 22 S. York Road Dillsburg, PA 17019 Defendant 112 Stoney Run Road Middle of July, 2006 - Tanner Schmitt Dillsburg, PA 17019 August, 2006 Eric Wileman Defendant 39 Brian Drive August, 2006 - Tanner Schmitt Carlisle, PA 17013 July, 2007 Eric Wileman Defendant 205 W. Springville Road July, 2007 - Tanner Schmitt Boiling Springs, PA 17007 November, 2007 Eric Wileman Defendant 205 W. Springville Road November 27, 2007 - Tanner Schmitt Boiling Springs, PA 17007 December 27, 2007 Defendant 205 W. Springville Road December 27, 2007 - Tanner Schmitt Boiling Springs, PA 17007 Present Jeremy Sunday The mother of the child is Tiffany Ann Sunday, currently residing at 205 W. Springville Road, Boiling Springs, PA 17007. She is married. The father of the child is William Charles Burnham, Jr. Mr. Burnham is deceased, having died on June 25, 2006. 4. The relationship of Plaintiff to the child is that of paternal grandmother. The Plaintiff currently resides with her husband, Jordan Kreiner. 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship Jeremy Sunday Husband Tanner Schmitt Son William Charles Burnham, III Son 6. The parties have not participated in other litigation concerning the custody of minor child, William. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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 or visitation rights with respect to the child. 7. Plaintiff has been actively involved in William's life since his birth and her involvement continued following the death of William's father. During the period from June 25, 2006 through May 24, 2008, Plaintiff had periods of partial custody of William on the following schedule: Every week from Friday at 3:30 p.m. to noon on Saturday; On alternating weekends from Friday at 3:30 p.m. through Sunday at 5:00 p.m. In addition, during the school year, Plaintiff met William to help him with his school work three days per week. William also spent summer and holiday time with Plaintiff. On May 31, 2008, Defendant unilaterally stopped all contact between Plaintiff and William. It has been reported to Plaintiff that Defendant has, in response to his questions, advised William that Plaintiff no longer spends time with him because she does not want to see him anymore and no longer wants to come and pick him up. The best interest and permanent welfare of William will be served by reinstating the schedule of contact that existed between Plaintiff and William prior to May 31, 2008 and defining the holiday and summer schedules to afford William an opportunity to have an ongoing meaningful relationship with not only his paternal grandmother but also his deceased father's extended family. The granting of Plaintiffs request for partial custody would not interfere with the parent/child relationship that exists between William and his mother. WHEREFORE, Plaintiff requests this Honorable Court to grant her periods of partial custody of William pursuant to 23 Pa.C.S.A. §5311 commensurate with the schedule of contact that existed prior to May 31, 2008. D <0. Sandra L. Meilton, Esquire, No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ancy Krei r, Plaintiff CERTIFICATE OF SERVICE I, Gloria M. Rine, Paralegal to Sandra L. Meilton, hereby certify that on this day of November, 2008, a true and correct copy of the foregoing document was served on counsel for the Defendant by forwarding same via mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6t' Floor Harrisburg, PA 17101 (via facsimile transmission) Gloria M. Rine «e r {7- . . • NOV .1 ; 2008 NANCY KREINER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4589 CIVIL ACTION LAW TIFFANY ANN SUNDAY F/K/A IN CUSTODY TIFFANY ANN BURNHAM Defendant ORDER OF COURT AND NOW this l day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The parties to the instant action have agreed to informally arrange the custodial and holiday schedule between themselves. 2. The instant matter is hereby continued until January 26, 2009 at 10:00 am at the Court of Common Pleas in Carlisle, PA 17013 for a status update conference with the assigned conciliator. The parties may appear telephonically or cancel said conference as necessary or proper. By the Court, N t ??-A ? . ;tn'bution: dra Meilton, Esquire ? Joseph Caraciolo, Esquire, Foreman, Foreman & Caraciolo, P.C., 112 Market Street, Sixth Floor, Harrisburg, PA 17101 ,,.--<hn J. Mangan, Esquire ts? /)IQ I LCL P ??l a?o8 J •'?J.3?tf ;?"`r, '?' tit v-7 r ov o k 0 i A ON SOUL NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4589 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of William Charles Burnham, III 02/28/2001 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 11, 2008 and again on November 18, 2008 with the following individuals in attendance: The Mother, Tiffany A. Sunday, telephonically with her counsel, Joseph Caraciolo, Esq. The Paternal grandmother, Nancy Kreiner, with her counsel, Sandra Meilton, Esq. 3. Since the initial conciliation in September, the parties have for the most part been able to informally arrange a custodial schedule between them in regard to the subject Child. 4. The parties have agreed for paternal grandmother to have alternating weekends with the Child from Friday until Sunday. The parties have agreed that paternal grandmother picks the Child up at Mother's residence at 5:00 pm on Friday and the parties meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange. 5. The parties have agreed to a holiday schedule as well. For Thanksgiving, paternal grandmother shall have physical custody of the Child from Friday 11/28/2008 at noon until Sunday 11/30/08 at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house on Friday and the parties shall meet on Sunday in the Giant parking lot in Dillsburg, PA. For the Christmas holiday, paternal grandmother shall pick the Child up at 2:00 pm at Mother's residence on 12/23/08 and have custody until 12/24/08 at 5:00 pm, with the exchange being at the Giant parking lot in Dillsburg, PA. Paternal grandmother shall have custody of the Child Saturday 12/27/08 at 12:00 pm, picking the Child up at Mother's residence until Sunday 12/28/08 at 4:00 pm whereby the parties shall meet at the Giant parking lot in Dillsburg, PA. 6. The parties have agreed that the non-custodial party shall have reasonable telephone contact with the Child. 7. The parties agreed to the entry of an Order in the form as attached. . // h Date John J , squire Cust y Co ciliator Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmglaw. com NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4589 (Civil Term) CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT FOR CUSTODY AND NOW COMES, Plaintiff, Nancy Kreiner, by and through her undersigned counsel, and files this Answer to Preliminary Objections to Amended Complaint for Custody, and in support thereof, avers as follows: 1. FAILURE OF A PLEADING TO CONFORM TO LAW. It is admitted that this matter was initiated by Plaintiffs Complaint for Custody filed on July 31, 2008 and that Preliminary Objections were filed on August 22, 2008. By way of further reply, it is averred that this matter was set for a custody conference on September 9, 2008. The parties agreed to proceed with the conference and to hold the Preliminary Objections in abeyance until it was determined if an amicable resolution could be reached. The conciliation was held on September 11, 2008 and the parties agreed to try a schedule of partial custody for Paternal Grandmother without the benefit of an Order. A second conciliation was held on November 18, 2008. Since there was a concern that the matter would not resolve at the second conference and that Defendant would want to proceed with the Preliminary Objections if an agreement was not reached, the Amended Complaint was filed on November 17, 2008. By way of further reply, it is averred that with one minor addition, the Amended Complaint filed by Plaintiff was identical to the initial Complaint filed on July 31, 2008. The addition was a specific averment alleging that granting Plaintiffs request for partial custody would not interfere with the parent/child relationship. The facts and averments set forth in the original Complaint were sufficient to overcome Defendant's Preliminary Objections and were sufficient to conform to all rules of court. The Amended Complaint was filed in hopes of avoiding a delay in moving the matter forward if a hearing was deemed necessary after the second conciliation conference. Plaintiff originally objected to the sufficiency of the pleadings and Plaintiffs standing to bring a claim for partial custody. However, in the Preliminary Objections raised to the Amended Complaint, the standing objection was not raised and it is, therefore, Plaintiffs position that the standing objection has either been waived or withdrawn. By way of further reply, an Order was entered on November 18, 2008 and no objection to said Order has been raised by Defendant. The entry of the Order calls into question the viability of any objections to the Plaintiffs standing raised in Defendant's preliminary objections. 2. FAILURE OF A PLEADING TO CONFORM TO LAW. It is denied that Ms. Kreiner filed the instant action based on an unconstitutional section of the civil code. To the contrary, it is averred that the action is based upon 23 Pa.C.S.A. §5311 - When Parent Deceased. This statute has survived constitutional challenge and it has been established that the statute does not violate the equal protection clauses or due process clause in that it only allows grandparents to petition for partial custody or visitation under limited circumstances, and because it was appropriate to treat children who had lost a parent differently than children who had not for the purpose of protecting the child's emotional well-being. Fausey v. Hiller, 851 A.2d 193 (Pa. Super. 2004) affirmed by 588 Pa. 342, 904 A.2d 875 (2006). Defendant's reliance upon Troxel v. Granville, 530 U.S. 57, 67, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) is misplaced in that in Troxel the Supreme Court addressed an Oregon statute that was significantly different from the Pennsylvania statute under which standing is established in this case. The Troxel rationale has been reviewed in Pennsylvania and specifically rejected as to 23 Pa.C.S.A. §5311 (See Fausey v. Hiller, supra). 3. FAILURE OF A PLEADING TO CONFORM TO RULE OF COURT. It is denied that the Amended Complaint for Custody fails to conform to rule of court. To the contrary, it is averred that the Amended Complaint (referred to as "Amended Complaint" and "Complaint" by Defendant at Paragraph 3 in her Preliminary Objections to Amended Complaint for Custody) filed in this case is substantially in the form required under Pennsylvania Rule of Civil Procedure 1915.3(a) and 1915.15(a). 4. FAILURE OF A PLEADING TO CONFORM TO RULE OF COURT. Ms. Kreiner is not seeking legal or physical custody of William under 23 Pa.C.S.A. §5313(b) as alleged by Defendant in this paragraph. Rather, Ms. Kreiner seeks partial custody under 23 Pa.C.S.A. §5311 - When Parent is Deceased. This statute affords the grandparents the right to reasonable partial custody if it is in the best interest of the child and if such contact would not interfere with the parent child relationship. The Amended Complaint (referred to as "Complaint" by Defendant at Paragraph 4 in her Preliminary Objections to Amended Complaint for Custody) at issue alleges that William, both before and after his father's death in June of 2006, spent considerable time with Ms. Kreiner, his paternal grandmother and that it is in his best interest to continue to do so. It is further alleged that following father's death in June, 2006, Defendant permitted William to stay overnight with Ms. Kreiner every weekend (one weekend a "long" weekend and the next a "short" weekend). This consistent pattern of contact continued until May 31, 2008 when Defendant unilaterally stopped all contact between Ms. Kreiner and William. The pleading avers that the only explanation provided to William was that Ms. Kreiner "no longer wanted to spend time with him" - a statement that is patently false. The factors pled (including but not limited to, the fact that William had prior to and after father's death spent substantial time with Ms. Kreiner and that Ms. Kreiner had provided William with emotional support) are sufficient pleading to substantially comply with the requirements of 23 Pa.C.S.A. §5311 and the requisite Pennsylvania Rules of Civil Procedure. The Amended Complaint also adds language indicating that Plaintiffs periods of partial custody would not interfere with the parent/child relationship. 5. LEGAL INSUFFICIENTY OF A PLEADING. It is denied that the Amended Complaint for Custody (referred to as "Complaint" by Defendant at Paragraph 5 in her Preliminary Objections to Amended Complaint for Custody) fails to conform to rule of court. To the contrary, it is averred that the Amended Complaint filed in this case is substantially in the form required under Pennsylvania Rule of Civil Procedure 1915.3(a) and 1915.15(a). By way of further reply, it is averred that the Amended Complaint filed by Plaintiff was a verified Amended Complaint substantially in the form provided by Pennsylvania Rules of Civil Procedure Nos. 1915.3(a) and 1915.15(a). WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's Preliminary Objections to Amended Complaint for Custody and permit the Custody Conciliation Conference to move forward as scheduled for January 26, 2009 as set forth in the Order of Court confirming the parties' current custodial arrangement. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: 12/18/08 gy; _ f., tv?. Sandra L. Meilton, squire, ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the within action; that she takes this affidavit on behalf of Plaintiff as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Answer to Preliminary Objections to Amended Complaint for Custody are true and correct to the best of her knowledge, information and belief. Sandra L. Meilton Sworn to and subscrib d before me this I ? day of December, 2008. Notary Public COMMONWEALTH OF PENNSYLVAW NOTARIAL SEAL Gloria M Rine, Notary Public Low Paton Township, Dauphin County o mmissionex©i+s November 1S, 21111 CERTIFICATE OF SERVICE / ?'A I, Gloria M. Rine, Paralegal to Sandra L. Meilton, hereby certify that on this ` '? day of December, 2008, a true and correct copy of the foregoing document was served on counsel for the Defendant by forwarding same via mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6t' Floor Harrisburg, PA 17101 Gloria M. Rine c" Y 'a ;? r- t -? _ g?„ - ? , ,?°,? ??; .... ;? ??? ?? '?: NANCY KREINER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008-4589 (Civil Term) TIFFANY ANN SUNDAY F/K/A CIVIL ACTION - LAW TIFFANY-ANN BURNHAM, Defendant IN CUSTODY ORDER th AND NOW, this I9 day of oelt.L*?? ev, , 20 U, it is hereby ORDERED and DECREED that Defendant's Preliminary Objections to Amended Complaint for Custody are denied. It is further ordered and decreed that the Custody Conciliation Conference currently scheduled for January 26, 2009 as set forth in the Order of Court confirming the parties' current custodial arrangement shall move forward and be held. BY THE COURT: DISTRIBUTION: ,,, ndra L. Meilton, Esquire, 1022 ,,Scenery Drive, Harrisburg, PA 17109 Joseph D. Caraciolo, EsquireX2Market Street, 6a' Floor, Harrisburg, PA 17101 ? ,;'t ?.,? ,., A ?; f'?V'+?`-? ? ?? ??L' ?.- -?'? i ilk _....., FEB 0 2 2009 ( NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4589 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 3 r.:L day of February 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the a'1 *t" - day of 2009 at 1:30 a Wpm in Courtroom number _1?_ in the Cumberland Co ty Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother, Nancy Kreiner, shall have legal custody of William Charles Burnham, III, born 02/28/2001. The Mother shall have the right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, the Mother shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to paternal grandmother's partial custody/visitation as follows: a. Commencing 02/06/09, Paternal grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal grandmother shall picks the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange. b. Paternal grandmother shall have additional periods of time with William as the parties may agree. Additionally, the parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the patties shall strive to be flexible in terms of modifying the alternating weekends should special events/ unforeseen events arise. VINVAIASNN3d m.Ninu"') cl,,? FT3wm ? S : t ! Wa C-- a3J 601 J 1C UHiOdd 3Hl J© 3:y--1Y0- MH 4. Holidays: For Thanksgiving, paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at noon until Sunday at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house on Friday and the parties shall meet on Sunday in the Giant parking lot in Dillsburg, PA. For the Christmas holiday, paternal grandmother shall pick the Child up at 2:00 pm at Mother's residence on 12/23 and have custody until 12/24 at 5:00 pm, with the exchange being at the Giant parking lot in Dillsburg, PA. Paternal grandmother shall have custody of the Child 12/27 at 12:00 pm, picking the Child up at Mother's residence until 12/28 at 4:00 pm whereby the parties shall meet at the Giant parking lot in Dillsburg, PA. 5. The non-custodial party shall have reasonable telephone contact with the Child. 6. Counseling: The parties have agreed and are directed to engage in counseling with a mutually- agreed upon professional to address how to better communicate with each other and to facilitate mutual respect. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, ?* -?, SA4 J. stribution: ? ,>% ndra Meilton, Esquire Joseph Caraciolo, Esquire, Foreman, Foreman & Caraciolo, P.C., 112 Market Street, Sixth Floor, Harrisburg, PA 17101 ,,-fohn J. Mangan, Esquire 1 6t. 309 NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4589 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUKKARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CPAL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of William Charles Burnham, III 02/28/2001 Mother 2. A Conciliation Conference was held with regard to this matter on September 11, 2008 and again on November 18, 2008, an Order issued November 18, 2008 and a status conference was held January 26, 2009 with the following individuals in attendance: The Mother, Tiffany A. Sunday, with her counsel, Joseph Caraciolo, Esq. The Paternal grandmother, Nancy Kreiner, with her counsel, Sandra Meilton, Esq. 3. Mother's position on custody: Mother objects to an Order of Court that formally specifies paternal grandmother's periods of physical custody. Mother asserts that she has been flexible with paternal grandmother and desires the informal arrangement to continue. Mother is concerned that paternal grandmother will demand strict adherence to an Order of Court. Mother does not feel that Court involvement is necessary or proper. Mother asserts that if she were to deny paternal grandmother contact with William, then paternal grandmother has the option of seeking an enforceable Order of Court. Since the initial conciliation in September, the parties have for the most part been able to informally arrange a custodial schedule between them in regard to the subject Child. Mother acknowledges that she and paternal grandmother have difficulties communicating. Mother's counsel has indicated that he and Mother are questioning whether paternal grandmother has legal standing to assert periods of physical custody/visitation with William. 4. Paternal grandmother's position on custody: Paternal grandmother desires an Order of Court that formally specifies her periods of physical custody with William. Paternal grandmother views an Order as a safety net to ensure that she will have contact with William. Paternal grandmother also acknowledges that overall, she has been able to have contact on an informal basis since September 2008. However, paternal grandmother's concern is that prior to September 2008, Mother had unilaterally cut off paternal grandmother's contact with William. Paternal grandmother desires an Order of Court so that Mother can not unilaterally stop contact in the future. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. ?A,- Date Jo gan, Esquire C tod Conciliator f ?- FEl G C Z? LJ NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4589 CIVIL ACTION LAW IN CUSTODY AMENDED ORDER OF COURT IV% AND NOW this ci day of February 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 27 b day of May 2009 at 1:30 pm in Courtroom number 5 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal custody: The Mother, Tiffany A. Sunday, shall have legal custody of William Charles Burnham, III, born 02/28/2001. The Mother shall have the right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, the Mother shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records. 4. Physical Custody: The Mother shall have primary physical custody of the Child subject to paternal grandmother's partial custody/visitation as follows: a. Commencing 02/06/09, Paternal grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal grandmother shall picks the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange. b. Paternal grandmother shall have additional periods of time with William as the parties may agree. Additionally, the parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the parties shall strive to be flexible in terms of modifying the alternating weekends should special events/ unforeseen events arise. ?Q 6 WV 6_ 833 60OZ 3Da4tG--(731Y 5. Holidays: For Thanksgiving, paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at noon until Sunday at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house on Friday and the parties shall meet on Sunday in the Giant parking lot in Dillsburg, PA. For the Christmas holiday, paternal grandmother shall pick the Child up at 2:00 pm at Mother's residence on 12/23 and have custody until 12/24 at 5:00 pm, with the exchange being at the Giant parking lot in Dillsburg, PA. Paternal grandmother shall have custody of the Child 12/27 at 12:00 pm, picking the Child up at Mother's residence until 12/28 at 4:00 pm whereby the parties shall meet at the Giant parking lot in Dillsburg, PA. 6. The non-custodial party shall have reasonable telephone contact with the Child. 7. Counseling: The parties have agreed and are directed to engage in counseling with a mutually- agreed upon professional to address how to better communicate with each other and to facilitate mutual respect. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Distribution: an a Meilton, Esquire J eph Caraciolo, Esquire, Foreman, Harrisburg, PA 17101 hn J. Mangan, Esquire S UCH & Caraciolo, P.C., 112 Market Street, Sixth Floor, NANCY KREINER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY ANN SUNDAY, F/K/A TIFFANY ANN BURNHAM DEFENDANT NO. 08-4589 CIVIL AMENDED ORDER OF COURT AND NOW, this 22nd day of May, 2009, upon consideration of the request from Counsel for Defendant for a continuance of the hearing scheduled for Wednesday, May 27, 2009, because of the unavailability of a doctor and with the concurrence of Counsel for the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that the hearing is continued. The hearing will now be held on Thursday, September 3, 2009, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?, -A, ?AAI\ ? M. L. Ebert, Jr., J. 4ndra L. Meilton, Esquire Attorney for Plaintiff Xseph D. Caraciolo, Esquire Attorney for Defendant bas L ; :n !141"V A V14 OR ^r a_ - tI NANCY KREINER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. No. 2008-4589 (Civil Term) CIVIL ACTION -LAW : IN CUSTODY ORDER AND NOW 1 1 day of S t??1p L f 2009, it is hereby Ordered and Decreed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Mother, Tiffany A. Sunday, shall have legal custody of William Charles Burnham, II, born 02/28/2001. The Mother shall have the right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Paternal Grandmother's partial custody/visitation as follows: a. Commencing 02/06/09, Paternal Grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal Grandmother shall pick the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange. b. Paternal Grandmother shall have additional periods of time with William as the parties may agree. Additionally, the parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the parties shall strive to be flexible in terms of modifying the alternating weekends should special events/unforeseen events arise. 4. Holidays: If the Thanksgiving holiday falls immediately before Paternal Grandmother's regularly scheduled weekend, Paternal Grandmother shall have physical custody of the Child from Thanksgiving Day at 6:00 pm until the Sunday following Thanksgiving at 4:00 pm. If the Thanksgiving holiday falls immediately before Mother's regularly scheduled weekends, Paternal Grandmother shall have physical custody of the Child from Thanksgiving Day at 6:00 pm until the Saturday following Thanksgiving at 4:00 pm. Paternal Grandmother shall pick up the Child from Mother's house at the beginning of the holiday and the parties shall meet at the end of the custodial period in the Giant parking lot in Dillsburg, PA to exchange custody. For the Christmas holiday, to the extent that the Child's winter school recess allows, Paternal Grandmother shall pick the Child up at school on December 22 when school recesses for the holiday and shall have custody until December 24 at 6:00 pm, with the exchange being at the Giant parking lot in Dillsburg, PA. If the school does not recess until December 23, then Paternal Grandmother shall pick the Child up at school at the end of the school day. Paternal Grandmother shall also pick up the Child on December 28 at 5:00 pm at Mother's residence and the parties shall meet on December 29 at 6:00 pm in the Giant parking lot in Dillsburg, PA to exchange custody. For the Easter holiday, Paternal Grandmother shall pick up the Child on Good Friday at 5:00 pm at Mother's residence and the parties shall meet on Saturday, the day before Easter, at 6:00 pm, in the Giant parking lot in Dillsburg, PA to exchange custody. In odd numbered years, Mother shall have custody of the Child on Memorial Day from 9:00 am. to 6:00 pm and Paternal Grandmother shall have custody of the Child on Labor Day from 9:00 am to 6:00 pm. In even numbered years, Paternal Grandmother shall have custody of the Child on Memorial Day from 9:00 am. to 6:00 pm and Mother shall have custody of the Child on Labor Day from 9:00 am to 6:00 pm. At the beginning of Paternal Grandmother's holidays, she shall pick up the Child at Mother's residence and the 6:00 pm exchange of custody shall take place in the Giant parking lot in Dillsburg, PA. In odd numbered years, Paternal Grandmother shall have custody of the Child for the Fourth of July holiday. In even numbered years, Mother shall have custody of the Child for the Fourth of July holiday. The holiday shall run from July 4 at 9:00 am until July 5 at noon. The party receiving custody shall pick up the Child at Mother's residence. The noon exchange of custody on July 5 shall take place in the Giant parking lot in Dillsburg, PA. The holiday schedule shall take precedence over the regular custody schedule. 5. Summer: Beginning in 2009, both Mother and Paternal Grandmother shall be entitled to two (2) non-consecutive weeks of uninterrupted custody during the summer school vacation. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with at least thirty (30) days' notice of her intention to exercise the extended custody period. Regardless of the notice provision, the first party to reserve a specific week shall be entitled to use said week for uninterrupted custody with the Child. 6. The non-custodial party shall have reasonable telephone contact with the Child. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other party in the presence of the Child. 8. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: ZD' tribution: dra L. Meilton, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 ./Joseph D. Caraciolo, Esquire, 112 Market Street, 6th Floor, Harrisburg, PA 17101 .,-1ohn Mangan, Esquire 0-opt;cs ey?LLCCL 9?0(N Fl??r ©F TFE ? T ROWTAAY 21#9 SEP -8 JAM 8: 38 CUMBIE-A A-Au ,UJNTY MYUVAN1A NANCY KREINER, Plaintiff V TIFFANY ANN SUNDAY, F/K/A TIFFANY ANN BURNHAM, Defendant IN RE: CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4589 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of September,.2009, the parties having reached a basic agreement with regard to custody of the child in this case, IT IS FURTHER ORDERED AND DIRECTED that the parties shall continue to pursue communication counseling with the firm of Riegler and Shienvold. Costs for this counseling will be shared such that individual sessions will be paid by the individual party. If there are joint sessions the cost will be split between the two parties. That counseling shall continue for not less than six months. The actual counselor to be used for counseling in the case will be determined by the firm of Riegler and Shienvold. By the Court, M. L. Ebert, Jr., v /Sandra Meilton, Esquire For the Plaintiff /seph Caraciolo, Esquire For the Defendant /egler and Shienvold .mtf rr --? 4f??r1? FiLE f i fGE OF '1 Pr'?,CT' ;ONOTARY 2009 SEP 14 VM 3: 00 e NANCY KREINER, V. Plaintiff TIFFANY ANN SUNDAY, f/k/a TIFFANY ANN BURNHAM, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4589 : CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY ORDER 1. The Defendant is Tiffany Ann Sunday, Mother, an adult individual currently residing at 205 W. Springville Road, Boiling Springs, Pa 17007. 2. The Plaintiff is Nancy Kreiner, Paternal Grandmother, an adult individual currently residing at 586 Rockville Road, Spring Grove, PA 17362. 3. The Father of the child is William Charles Burnham, Jr., who is deceased. 4. Plaintiff is the Mother of William C. Burnham, III Date of Birth 2/28/2001 5. On September 3, 2009, by Order of the Honorable M. L. Ebert, Jr., the parties were ordered to: "continue to pursue communication counseling with the firm of Riegler and Shienvold." (See Order of Court attached and incorporated herein as Exhibit "A"). 6. The parties previously agreed that Communication Counseling was in the best interest of the subject minor child. 7. Mother has been participating in the Ordered Communication Counseling to the extent of her ability to complete the same on her own. She has scheduled and attended individual counseling sessions with the firm of Riegler and Shienvold in accordance with this Honorable Court's Order. 8. Mother has been informed that Plaintiff has not participated in the Court Ordered Communication Counseling and has not even scheduled the individual session. 9. Communication Counseling cannot continue until Plaintiff schedules and attends the first session with Riegler and Shienvold. 10. Despite repeated requests of both Riegler and Shienvold and of Defendant, Mother has been unable to continue the Court Ordered Communication Counseling without the cooperation of Plaintiff. 11. Plaintiffs actions in failing to cooperate with the Court Ordered Communication Counseling contradict with the best interests of the minor child. 12. Plaintiff has willfully failed to obey the Order of Court. 13. Plaintiffs contemptuous conduct demonstrates that she is not concerned for the best interests of the child, but rather for her own best interest. 14. Plaintiffs willful refusal to comply with the Court Order indicates her unwillingness to subject herself to the authority of this Court. WHEREFORE, Defendant respectfully requests that this Honorable Court find Plaintiff in contempt of the September 3, 2009 Order of Court and suspend her custodial periods pending compliance with the Order, sanction her including fines, and Defendant's attorney's fees, costs, and any other remedy as deemed appropriate by this Court. Respectfully submitted, F Date: 41 1 ' C. r 1 seph D. O of P"quir 2 Market Street, 6 Floor Harrisburg, PA 17101 717-236-9391 Attorney ID No. 90919 EXHIBIT A NANCY KREINER, Plaintiff V TIFFANY ANN SUNDAY, F/K/A TIFFANY ANN BURNHAM, Defendant IN RE: CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4589 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of September,.2009, the parties having reached a basic agreement with regard to custody of the child in this case, IT IS FURTHER ORDERED AND DIRECTED that the parties shall continue to pursue communication counseling with the firm of Riegler and Shienvold. Costs for this counseling will be shared such that individual sessions will be paid by the individual party. If there are joint sessions the cost will be split between the two parties. That counseling shall continue for not less than six months. The actual counselor to be used for counseling in the case will be determined by the firm of Riegler and Shienvold. By the Court, M. L. 'Ebert, Jr., -' Sandra Meilton, Esquire For the Plaintiff Joseph Caraciolo, Esquire For the Defendant /Riegler and Shienvold :mtf W144107 " 7-r 01 a NANCY KREINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008-4589 TIFFANY ANN SUNDAY, f/k/a TIFFANY ANN BURNHAM, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Defendant's Petition For Contempt of Custody Order upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by faxing and by mailing the same, First Class Mail, addressed as follows: Sandra L. Meilton Daley Zucker Meilton Miner Gingrich Attorneys-at-Law 1029 Scenery Drive Harrisburg, PA 17109 Foremat(& Clkaciollll*. C. Date: v -t f Joseph D. ?C&-Sciol squir 112 Market Street, " Floor Harrisburg, PA 17101 717-236-9391 Attorney ID No. 90919 RLED-WiCE OF THE PROT tON VM 2 NOV 17 AN 9-- 06 (L rt" ? a3.3?y NANCY KREINER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4589 CIVIL ACTION LAW TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, November 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 28, 2009 __ 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/ ohn . Mangan, r. Es . Custody Conciliator 'T'he 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 rz OF THE PPnj-r?4?u NIOTAPY 2009 NO V 23 °N 1: 4 2 cupv Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton ,dzmmglaw.com NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4589 (Civil Term) CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CONTEMPT OF CUSTODY ORDER AND NOW COMES, Plaintiff, Nancy Kreiner, by and through her undersigned counsel, and files this Answer to Petition For Contempt of Custody Order, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, Plaintiff avers that said Court Order also sets forth that "The actual counselor to be used for counseling in the case will be determined by the firm of Riegler and Shienvold." Subsequent to the entry of the Court Order, Plaintiffs counsel contacted the firm of Riegler and Shienvold on several occasions with regard to an appropriate counselor for the parties and was advised by that office that they were in the process of selecting an appropriate person to do the communication counseling. Plaintiff's counsel was advised by Riegler and Shienvold that they would get back in touch with Plaintiffs counsel, when the selection was made. 6. Admitted. 7. Plaintiff cannot admit nor deny the allegations set forth in Paragraph 7 other than to state that upon receipt of a copy of the Petition for Contempt on Friday, November 20, 2009, Plaintiffs counsel contacted the offices of Riegler and Shienvold and was advised that Defendant has only had one individual counseling session which occurred on November 10, 2009. Therefore, it is denied that Plaintiff has attended multiple individual counseling sessions as averred. 8. Admitted in part and denied in part. It is admitted that at the time Plaintiff received the instant Petition she had not scheduled a session with Riegler and Shienvold. By way of further reply, it is averred that Plaintiff was awaiting confirmation of the specific counselor to be selected by the offices of Riegler and Shienvold so that she could schedule an appointment. However, after learning via the Contempt Petition that a counselor had been selected, Plaintiff again contacted the offices of Riegler and Shienvold and was advised that Janet Staub had been selected as the counselor. Plaintiff proceeded to schedule an appointment and said appointment is set for December 11, 2009 at 12:30 p.m. Had Defendant's counsel notified Plaintiff's counsel when he learned of the appointment of Ms. Staub as counselor in this matter, Plaintiff's appointment would have been made immediately. 9. Admitted. As noted in answer to Paragraph 8 above, after learning that Janet Staub had been selected as the counselor, Plaintiff immediately scheduled an appointment. 10. Denied. Plaintiff avers that in speaking with the office personnel of Riegler and Shienvold on November 20, 2009, Plaintiffs counsel was advised that their office had not received "repeated requests" from Defendant nor had they contacted Plaintiffs counsel or Plaintiff about scheduling. Plaintiffs counsel received one inquiry from Defendant's counsel in September regarding the scheduling and has received no inquiries since that time. Plaintiff alleges that had Defendant's counsel notified Plaintiff's counsel of Defendant's appointment or sought concurrence or non-concurrence for the filing of the within Petition, the issue could have been addressed and resolved without the necessity of filing the Petition. 11. Paragraph 11 is a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Plaintiff denies that she is in contempt for failing to schedule an appointment and, to the contrary, Plaintiff avers that she was awaiting confirmation of the name of the counselor before an appointment was scheduled. 12. Paragraph 12 is a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Plaintiff denies that she willfully failed to obey the Order of Court. To the contrary, Plaintiff avers that she was awaiting confirmation of the name of the counselor before an appointment was scheduled. 13. Paragraph 13 is a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Plaintiff avers that she did not willfully fail to schedule an appointment and that she was awaiting confirmation of the name of the counselor. Plaintiff avers that she is very concerned about the best interests of her grandson. 14. Paragraph 14 is a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Plaintiff denies that she has refused to comply with the Court Order and, to the contrary, Plaintiff avers that she was awaiting confirmation of the name of the counselor before an appointment was scheduled. Having learned of the selection of the counselor, Plaintiff promptly scheduled an appointment. WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's Petition for Contempt of Custody Order; deny Defendant's request for suspension of Plaintiffs custodial periods and deny Defendant's request for sanctions against Plaintiff including fines, costs and attorney's fees. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 2 - - 629 By: Sandra L. Meilt , Esquire, ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, Nancy Kreiner, verify that the statements made in the attached 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. Nancy Krei r Dated: 1 -2. ` 3 - 0 / CERTIFICATE OF SERVICE Y- "` I Gloria M. Rine, Paralegal to Sandra L. Meilton, hereby certify that on this / day of D-e.6 , 2009, a true and correct copy of the foregoing document was served on counsel for the Defendant by forwarding same via mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6 h Floor Harrisburg, PA 17101 f Glona . Rine OF THS *V 2069 DEC -3 Pli 12: 51 &'UN1Y PEN Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(a,dzmmglaw.com NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4589 (Civil Term) CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S PETITION FOR CONTEMPT OF COURT ORDER The Plaintiff is Nancy Kreiner, residing at 586 Rockville Road, Spring Grove, PA 17362. 2. The Defendant is Tiffany Ann Sunday, f/k/a Tiffany Ann Burnham, who resides at 205 W. Springville Road, Boiling Springs, PA 17007. 3. A Court Order was entered in the above matter on September 3, 2009, by the Honorable M. L. Ebert, Jr. 4. Said Court Order, inter alia, sets forth a custodial schedule to be followed by the parties for the holidays. 5. With regard to Thanksgiving, the said Order states: 4. Holidays: If the Thanksgiving holiday falls immediately before Paternal Grandmother's regularly scheduled weekend, Paternal Grandmother shall have physical custody of the Child from Thanksgiving Day at 6:00 pm until the Sunday following Thanksgiving at 4:00 pm. If the Thanksgiving holiday falls immediately before Mother's regularly scheduled weekends, Paternal Grandmother shall have physical custody of the Child from Thanksgiving Day at 6:00 pm until the Saturday following Thanksgiving at 4:00 pm. Paternal Grandmother shall pick up the Child from Mother's home at the beginning of the holiday and the parties shall meet at the end of the custodial period in the Giant parking lot in Dillsburg, PA to exchange custody. 6. Plaintiffs 2009 Thanksgiving holiday with William preceded her regularly scheduled weekend with him. Therefore, pursuant to the Court Order, Plaintiff was to have custody of William from Thanksgiving Day at 6:00 p.m. until the Sunday following Thanksgiving at 4:00 p.m. 7. On the morning of November 24, 2009, Plaintiffs counsel received a faxed letter from Defendant's counsel requesting an alternate schedule of custody for Thanksgiving rather than the Court ordered scheduled. Said letter also notes that Defendant "has indicated that she will not violate the terms of the present Court Order". (A copy of said letter is attached hereto as Exhibit "A"). 9. Plaintiffs counsel responded via fax to Defendant's counsel on the morning of November 25, 2009 regarding Plaintiffs desire to follow the Court Order. (Copies of Plaintiffs counsel's two letters of November 25, 2009 are attached hereto as Exhibit "B"). 10. From the time the said Order was entered in September until his letter of November 24, 2009, Defendant's counsel raised no question with Plaintiffs counsel about the Order's holiday schedule. 11. Knowing the Court ordered schedule for Thanksgiving, Plaintiff made her plans for her holiday celebration with guests and family including her grandson. 12. When Plaintiff arrived at Defendant's home on Thanksgiving Day at 6:00 p.m., Defendant refused to allow William to leave with Plaintiff. 13. Defendant was denied the Court ordered time with her grandson on Thanksgiving Day. 14. On Friday, November 27, 2009, Plaintiff waited until approximately 11:30 a.m. to see if Defendant would call to arrange custodial time between Plaintiff and William, and having heard nothing from Defendant, Plaintiff contacted Defendant and asked if she could have the custodial schedule with William that Defendant proposed in her attorney's November 24, 2009 letter. Defendant consented. Plaintiff believes and therefore avers that had Plaintiff not initiated that telephone call, William would not have had an opportunity to spend any time with Plaintiff or his father's family over the holiday. 15. Defendant willfully failed to obey the Order of Court. 16. Defendant's willful refusal to comply with the Court Order indicates her unwillingness to subject herself to the authority of this Honorable Court. 17. Plaintiff respectfully requests the scheduling of a custody conciliation conference for the within Petition for Contempt to be heard simultaneously with the custody conciliation presently set before John J. Mangan, Jr., on January 11, 2010, at 10:00 a.m. on Defendant's Petition for Contempt. WHEREFORE, Plaintiff requests this Honorable Court to find Defendant in contempt of the September 3, 2009 Order of Court and sanction her, including fines, and Plaintiffs attorney's fees, costs and any other remedy as deemed appropriate by the Court. Plaintiff further respectfully requests the scheduling of a custody conciliation conference on this Petition for Contempt to be heard simultaneously with the custody conciliation presently set before John J. Mangan, Jr., on January 11, 2010, at 10:00 a.m. on Defendant's Petition for Contempt. r gandra L. Meilton,'EsgWre, No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, Nancy Kreiner, verify that the statements made in the attached 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. Nancy Kreine Dated: / ? _ 41' 0 f . From:Foreman A Caraciolo, PC 717 236 6602 REMAN & ARACIOLO, PC ATTORNEYS AT LAW November 24, 2009 11/24/2009 10:45 9933 P.001/003 112 Market Street, 6th Floor Veterans Building Harrisburg, PA 17101 (717) 2369391- Telephone (717) 236-6602 - Facsimile www.TheHarnsburgLawyers.com FAX.TRANS11+Y1TTAL SMET TO: Sandra Wilton, Fsquire FAX NO. (717) 657-4996 FROM: Joseph D. C"aciolo, Esquire FAX NO. (7°17) 236-6602 RE: Kremer v. Sunday - Custody Number of Pages: (including cover page) 3 CONFIDENTIALITY NOTE The information and documents accompanying this transmission contain information from the law firm of Foreman & Caraciolo, P.C which is confidential and/or legally privileged. The information is intended solely for the use of the individual or entity named on this telecommunication letter. If you are not the designated recipient, you are hereby notified that any disclosure, copying, distribution, transmission or taking of any action in reliance on the contents of this information is prohibited. If you have received this fax transmission in error, please notify us by telephone immediately so that we may re-fax it to the proper destination. Our fax machine is in operation 24 hours per day. Bruce D. Foreman, Esquire Joseph D. Caraciolo, Esquire bruce@FTClaw.net joseph@FFClaw.net Exhibit "A" From:Foreman 4 Caraciolo, PC 717 236 6602 11/24/2009 10:45 #933 P. 002/003 E ?i OREMI?N 8 ?ARACIOL ATTORNE EYS AT LAW November 24; 2009 VU FACSWLE 01%&'Y - MI) 657-496 Sandra Meilton, Esquire Daley Zucker Menton Miner Gingrich 1029 Scenery Drive Harrisburg, PA.17109 Re Kreinw v Sunday Custody Cumberland County Docket No. 2008-4589 Dear Attorney Wilton: 112 Market Street, 6th Floor Veterans Building Harrisburg, PA 17101 (717) 236-9391- Telephone (717).236-6602 - Facsimile www.TheHarrisburgLawyers.com My client has once again requested that we address the Thanksgiving issue, along with all the holidays, as we had previously discussed. As you know; Thanksgiving is on Thursday and the Court Order of September 2009 indicates a different holiday schedule than Iliat which the parties have been following for the past four years. In fact; in the Order of February 3, 2009, the holiday scheduled accurately indicated the parties previous holiday schedule and, it was our belief, this holiday schedule would be utilized in the SeptexYtber Order. An issue has now arisen where your client is requesting custodial periods on Thursday at 6:00 p.m. in accordance with the Count Order of Septembet 2009, and my client believed that the holiday schedule would be consistent with the parties' four year history. As your client knows, Tiffany and her family celebrate the Thanksgiving holiday on Thursday and eat a. relatively late dinner, whereas your client and her falilily celebrate the Thanksgiving holiday on Friday which confuses "the Thursday at 6:00 p.m: custodial exchange. Therefore, my clietlt. is requesting that the holiday schedule revert to the one indicated in February and. that the custodial exchange be, as it has for the last four years, priday at neon. I hope to hear from you prior to Thursday, however. my client has indicated that she will not violate the terms of the present Court Order, even though she believes it to be inaccurate. If the present Order is strictly adhered to, William will miss Thanksgiving dinner with his immediate family and eat only one Thanksgiving dinner contrary to.the previous four o, PC Bruce D. Foreman, Esquire bruoe@FFClaw.net Joseph D. Camciulu, Esquire jvecph@FFClau•.net From:Foreman 5 Carac1010, PC 717 236 6602 11/24/2009 10:45 8933 P.003/003 years. Please discuss this matter with your d captioned above. JDC.ejw Cc: Tiffany Sunday ovember 25, 2009 ent via fax only to 236-6602) )seph D. Caraciolo, Esquire 12 Market Street, 6"' Floor [arrisburg, PA 17101 Re: Kreiner v. Sunday PATRICIA CAREY ZUCKER Dear Joseph: SANDRA L. MEILTON It is my understanding that the Order signed by Judge Ebert does in fact set forth the STEVEN P. MINER Thanksgiving schedule that had been followed by the parties in past years. With the KATHLEEN MISTURAK-GINGRICH exception of last year when the schedule was set by agreement with the Custody LINDSAY GINGRICH MACLAY Conciliator, William was picked up on Thanksgiving Day around 4:00 or 5:00 p.m. and QUINTINA M. LAUDERMILCH kept through the weekend. Last year was different only because the Conciliator set the schedule That aside, the Order does in fact replicate what the parties have done PATRICIA A. PATTON historically for the Thanksgiving holiday. Therefore, it is Nancy's position that the OFFICE ADMINISTRATOR schedule should be adhered to. You indicate in your letter that your "client has once again requested that we address the Thanksgiving issue along with the other holidays". This is the first indication that I have had that there is any issue with the holidays. The proposed Order was provided in advance of the hearing and was reviewed as part of our settlement negotiations on the day of the hearing. Almost three months have passed since the Order was entered and it is unfortunate that this issue arises for the first time so close to the holiday. On another matter, shortly after the hearing, you and I had a brief discussion about the REPLY To: fact that Riegler and Shienvold office would be selecting a counselor to handle the co- parenting counseling with the parties. It was my understanding that we agreed that if EAST SHORE OFFICE: D either of us heard from the offices of Riegler and Shienvold, we would let the other RIVE 1029 SCENERY HARRISBURG, PA 17109 know. On a few occasions after that discussion, I did speak with Susan at the offices 717-657-4795 ler and Shienvold regarding the individual selected to do the counseling. I was of Rie 717-657-4996 FAX g advised that they would be in touch with me when that selection was made. It was not until I received the Petition for Contempt that I learned that Tiffany had had a session WEST SHORE OFFICE: and apparently a counselor had been selected by Riegler and Shienvold to work with 1035 MUMMA ROAD the parties. As soon as I received this information, I advised Nancy; she contacted the SUITE 101 WORMLEYSBURG, PA 17043 office and was advised that Janet Staub was the counselor. Nancy has an appointment 717-724-9821 with Ms. Staub on December 11, 2009 at 12:30 p.m. 717-724-9826 FAX Exhibit "B" DALEY ZUCKER MEILTON MINER & GINGRICH, LLC A Pennsylvania Certified Woman Business Enterprise Joseph D. Caraciolo, Esquire Page 2 November 25, 2009 I will be seeking a continuance with Mr. Mangan for the December 28, 2009 conciliation conference for your Petition for Contempt as I will be away between the Christmas and New Year's holidays. If you have any questions, please call. Sincerely, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Sandra L. Meilton SLM.•gmr cc: Mrs. Nancy Kreiner (via email) November 25, 2009 (sent via fax only to 236-6602) Joseph D. Caraciolo, Esquire 112 Market Street, 6 h Floor Harrisburg, PA 17101 PATRICIA CAREY ZUCKER Re: Kreiner v. Sunday I SANDRA L MEILTON Dear Joseph: STEVEN P. MINER KATHLEEN MISTURAK-GINGRICH This letter corrects the reference to "co-parenting" counseling in my faxed letter sent LINDSAY GINGRICH MACLAY earlier today. I apologize for this oversight in not correctly stating the counseling as QUINTINA M. LAUDERMILCH communication counseling. PATRICIA A. PATTON Thank you. OFFICE ADMINISTRATOR Sincerely, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Sandra L. Meilton REPLY TO. SLM.•gmr EAST SHORE OFFICE: 1029 SCENERY DRIVE cc: Mrs. Nancy Kreiner (via email) HARRISBURG, PA 17109 717-657-4795 717-657-4996 FAX WEST SHORE OFFICE: 1035 MUMMA ROAD SUITE 101 WORMLEYSBURG, PA 17043 717-724-9821 717-724-9826 FAX DALEY ZUCKER MEILTON MINER & GINGRICH, LLC A Pennsylvania Certified Woman Business Enterprise CERTIFICATE OF SERVICE /?? . ?/ " ? I, Gloria M. Rine, Paralegal to Sandra L. Meilton, hereby certify that on this day of December, 2009, a true and correct copy of the foregoing document was served on counsel for the Defendant by forwarding same via mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 c C Gloria M. Rine RM-Crr CF, T!E PROII-,:SGT ' Z DEC -7 PM Q.- 52 CUs- pf Y PCt?d?8 *10.00 P D A-rr/ CK-` 3q 5o ? a sy s9? NANCY KREINER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4589 CIVIL ACTION LAW TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 09, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on , Monday, January 11, 2010 _ at 10:00 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 pennanent 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/ John J. Mangan, L 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 FILED-OWFICE OF THE P ? _ OTARY 2009 DEC -9 PM 4: 02 F 4 fU ;-j u PENNSYLVMIA JAN 14 2010 v NANCY KREINER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4589 CIVIL ACTION LAW TIFFANY ANN SUNDAY F/K/A IN CUSTODY t-a n C=0 TIFFANY ANN BURNHAM c__ Defendant t-. Prior Judge: M.L. Ebert, Jr., J. AMENDED ORDER OF COURT ". rn AND NOW this 1? lh day of January 2010, upon consideration of tR6 attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. Mother's and Paternal grandmother's petitions for contempt are hereby held in abeyance. 2. Legal custody: The Mother, Tiffany A. Sunday, shall have legal custody of William Charles Burnham, III, born 02/28/2001. The Mother shall have the right to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding his health, education and religion. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Paternal grandmother's partial custody/visitation as follows: a. Commencing 02/06/09, Paternal grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal grandmother shall picks the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange. b. Paternal grandmother shall have additional periods of time with William as the parties may agree. Additionally, the parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the parties shall strive to be flexible in terms of modifying the alternating weekends should special events/ unforeseen events arise. 4. Holidays: For Thanksgiving, Paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at noon until Sunday at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house on Friday and the parties shall meet on Sunday in the Giant parking lot in Dillsburg, PA. For the Christmas holiday, to the extent that the Child's winter school recess allows, Paternal grandmother shall pick the Child up at school on 12/22 when school recesses for the holiday and shall have custody until 12/24 at 6:00 p, with the exchange being at the Giant parking lot in Dillsburg, PA. If the school does not recess until 12/23, then the Paternal grandmother shall pick the Child up at school at the end of the school day and have custody until 12/24 at 6:00 pm. Paternal grandmother shall also pick up the Child on 12/28 at 5:00 pm at Mother's residence and the parties shall meet on 12/29 at 6:00 pm in the Giant parking lot in Dillsburg, PA to exchange custody. For the Easter holiday, Paternal grandmother shall pick up the Child on Good Friday at 5:00 pm at Mother's residence and the parties shall meet on Saturday, the day before Easter, at 6:00 pm in the Giant parking lot to exchange custody. In odd-numbered years, Mother shall have custody on Memorial Day from 9:00 am until 6:00 pm and the Paternal grandmother shall have the Child on Labor Day from 9:00 am until 6:00 pm. In even numbered years, Paternal grandmother shall have custody of the Child on Memorial Day from 9:00 am until 6:00 pm and Mother shall have custody on Labor Day from 9:00 am until 6:00 pm. At the beginning of Paternal grandmother's holidays, she shall pick the Child up from Mother's residence and the 6:00 pm exchange shall take place in the Giant parking lot in Dillsburg, PA. In odd-numbered years, Paternal grandmother shall have custody for the Fourth of July holiday. In even numbered years, Mother shall have custody for the Fourth of July holiday. The holiday shall run from 7/4 at 9:00 am until 7/5 at noon. The party receiving custody shall pick the Child up at Mother's residence. The noon exchange shall take place in the Giant parking lot in Dillsburg, PA. The holiday schedule shall take precedence over the regular custody schedule. Summer: Beginning in 2009, both Mother and Paternal grandmother shall be entitled to two (2) non-consecutive weeks of uninterrupted custody during the summer school vacation. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with at least thirty (3) days' notice of her intention to exercise the extended custody period. Regardless of the notice provision, the first party to reserve a specific week shall be entitled to use said week for uninterrupted custody of the Child. 6. The non-custodial party shall have reasonable telephone contact with the Child. 7. Counseling: It is Ordered and directed that the parties shall continue with communication counseling with the firm of Riegler and Shienvold. Costs for this counseling will be shared such that individual sessions will be paid by the individual party. If there are joint sessions, the cost will be split between the two parties. The counseling shall continue for not less than six months. The actual counselor to be used for counseling will be determined by the firm of Riegler and Shienvold. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, Di tribution: dra Meilton, Esquire ?/ 76seph Caraciolo, Esquire, Foreman, Foreman & Caraciolo, P.C., 112 Market Street, Sixth Floor, Harrisburg, PA 17101 -,--J'o-hn J. Mangan, Esquire LCL NANCY KREINER, Plaintiff PENNSYLVANIA LAW V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, No. 08-4589 CIVIL ACTION IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody o William Charles Burnham, III 02/28/2001 Mother 2. A Conciliation Conference was held with regard to this matter on September 11, 2008 and again on November 18, 2008, an Order issued November 18, 2008, a status conference was held January 26, 2009, an Order issued February 3, 2009, an amended Order was issued February 9, 2009, two Orders were issued September 3, 2009, Mother and Paternal grandmother then filed cross contempt petitions and a conference was held January 11, 2010 with the following individuals in attendance: The Mother, Tiffany A. Sunday, with her counsel, Joseph Caraciolo, Esq. The Paternal grandmother, Nancy Kreiner, with her counsel, Sandra Meilton, Esq. 3. The parties to this action have agreed to the entry of an Order in the form as attached. Date Jo n an, Esquire Cus d Conciliator FILED-,- Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton gdzm raglaw. com 2, 0110 JUL ?7 P, '. ir. 4 iY NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4589 (Civil Term) CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S PETITION FOR CONTEMPT OF COURT ORDER AND FOR CLARIFICATION Contempt 1. The Plaintiff is Nancy Kreiner, residing at 586 Rockville Road, Spring Grove, PA 17362. 2. The Defendant is Tiffany Ann Sunday, f/k/a Tiffany Ann Burnham, who resides at 205 W. Springville Road, Boiling Springs, PA 17007. 3. An Amended Order of Court was entered in the above matter on January 15, 2010, by the Honorable M. L. Ebert, Jr. 4. Said Order of Court, inter alia, sets forth a custodial schedule to be followed by the parties for the holidays and summer vacations. A copy of said Order is attached hereto as Exhibit "A" and made a part hereof. 5. The Order provides, at Paragraph 4, for William to spend time with Mrs. Kreiner, among other holidays, on Memorial Day. ,?? ayLir?N 6. Mrs. Kreiner did not spend time with William on Memorial Day, 2010. When Mrs. Kreiner arrived at Ms. Sunday's home for the Court ordered 9:00 a.m. to 6:00 p.m. period, she was advised that William and Defendant had made plans for the day. 7. Paragraph 5 of the Amended Order of January 15, 2010 sets forth that: Summer: Beginning in 2009, both Mother and Paternal grandmother shall be entitled to two (2) non-consecutive weeks of uninterrupted custody during the summer school vacation. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with at least thirty (3) [sic.] days' notice of her intention to exercise the extended custody period. Regardless of the notice provision, the first party to reserve a specific week shall be entitled to use said week for uninterrupted custody with the Child. 8. Plaintiff did have one week of summer vacation with William. However, Defendant permitted Plaintiff to have only a six day visit as opposed to the seven day period provided for in the Order. 9. Plaintiff communicated with Defendant via email on May 17, 2010 and suggested the week of July 19 to July 25, 2010 as the second week of vacation for William and Plaintiff. 10. Defendant has not responded to the suggested week and has refused to discuss in any fashion the second week. 11. Plaintiff s counsel wrote to Defendant's counsel by letter dated June 22, 2010 to attempt to resolve the vacation time and no response has been received as of the filing of this Petition. 12. If the second week of vacation is not resolved soon, the summer will be over and William will have lost the opportunity to spend a second week of vacation with his grandmother. WHEREFORE, Plaintiff requests this Honorable Court to: (a) Find Defendant in contempt of the January 15, 2010 Order of Court and sanction her, including fines, and Plaintiffs attorney's fees, costs and any other remedy as deemed appropriate by the Court; (b) Award custody of William to her during one of the following three weeks: July 19 to July 25, 2010; August 16 through August 22, 2010; or August 6 through August 12, 2010; and (c) Schedule a custody conciliation conference on this Petition for Contempt. Clarification 13. Defendant filed a Petition for Contempt of Custody Order on November 17, 2009 and Plaintiff filed a Petition for Contempt on December 7, 2009; both Petitions were heard by John J. Mangan, Custody Conciliator on January 11, 2010. 14. Plaintiff alleges that the Order in place at the time of the January 11, 2010 conciliation was the Order entered by the Honorable M. L. Ebert, Jr. dated September 3, 2009. 15. Paragraph 3 of the Custody Conciliation Summary Report dated January 13, 2010 filed by Mr. Mangan following the January 11, 2010 conciliation conference sets forth that "The parties to this action have agreed to the entry of an Order in the form as attached." Mr. Mangan attached the Amended Order of Court dated January 15, 2010 to said Report. (Copies of the Custody Conciliation Summary Report and Amended Order of Court are attached hereto and made a part hereof.) 16. Both parties, through their respective counsel, advised Mr. Mangan by written correspondence in January, 2010 of alleged errors with the Report and the attached Amended Order. 17. Plaintiff avers that the Order that should control the parties' custodial arrangement and the Order to which she agreed at the January 11, 2010 custody conciliation conference was the Order entered by September 3, 2009 following a hearing/conference with Judge Ebert on that date. 18. Plaintiff desires that the record be clarified in this regard. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order confirming the custodial arrangement set forth in the September 3, 2009 Order. andra L. Meilton, Esquire, No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff .6 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Nancy Kr, ' er, Plaintiff JAN 1$ 2010 NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4589 CIVIL ACTION LAW IN CUSTODY AMENDED ORDER OF COURT AND NOW this day of January 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. Mother's and Paternal grandmother's petitions for contempt are hereby held in abeyance. 2. Legal custody: The Mother, Tiffany A. Sunday, shall have legal custody of William Charles Burnham, III, born 02/28/2001. The Mother shall have the right to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding his health, education and religion. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Patemal grandmother's partial custody/visitation as follows: a. Commencing 02/06/09, Paternal grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal grandmother shall picks the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange. b. Paternal grandmother shall have additional periods of time with William as the parties may agree. Additionally, the parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the parties shall strive to be flexible in terms of modifying the alternating weekends should special events/ unforeseen events arise. 4. Holidays: For Thanksgiving, Paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at noon until Sunday at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house on Friday and the parties shall meet on Sunday in the Giant parking lot in Dillsburg, PA. Exhibit "A" For the Christmas holiday, to the extent that the Child's winter school recess allows, Paternal grandmother shall pick the Child up at school on 12/22 when school recesses for the holiday and shall have custody until 12/24 at 6:00 p, with the exchange being at the Giant parking lot in Dillsburg, PA. If the school does not recess until 12/23, then the Paternal grandmother shall pick the Child up at school at the end of the school day and have custody until 12/24 at 6:00 pm. Paternal grandmother shall also pick up the Child on 12/28 at 5:00 pm at Mother's residence and the parties shall meet on 12/29 at 6:00 pm in the Giant parking lot in Dillsburg, PA to exchange custody. For the Easter holiday, Paternal grandmother shall pick up the Child on Good Friday at 5:00 pm at Mother's residence and the parties shall meet on Saturday, the day before Easter, at 6:00 pm in the Giant parking lot to exchange custody. In odd-numbered years, Mother shall have custody on Memorial Day from 9:00 am until 6:00 pm and the Paternal grandmother shall have the Child on Labor Day from 9:00 am until 6:00 pm. In even numbered years, Paternal grandmother shall have custody of the Child on Memorial Day from 9:00 am until 6:00 pm and Mother shall have custody on Labor Day from 9:00 am until 6:00 pm. At the beginning of Paternal grandmother's holidays, she shall pick the Child up from Mother's residence and the 6:00 pm exchange shall take place in the Giant parking lot in Dillsburg, PA. In add-numbered years, Paternal grandmother shall have custody for the Fourth of July holiday. In even numbered years, Mother shall have custody for the Fourth of July holiday. The holiday shall run from 7/4 at 9:00 am until 7/5 at noon. The party receiving custody shall pick the Child up at Mother's residence. The noon exchange shall take place in the Giant parking lot in Dillsburg, PA. The holiday schedule shall take precedence over the regular custody schedule. 5. Summer: Beginning in 2009, both Mother and Paternal grandmother shall be entitled to two (2) non-consecutive weeks of uninterrupted custody during the summer school vacation. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with at least thirty (3) days' notice of her intention to exercise the extended custody period. Regardless of the notice provision, the first party to reserve a specific week shall be entitled to use said week for uninterrupted custody of the Child. 6. The non-custodial party shall have reasonable telephone contact with the Child. 7. Counseling: It is Ordered and directed that the parties shall continue with communication counseling with the firm of Riegler and Shienvold. Costs for this counseling will be shared such that individual sessions will be paid by the individual party. If there are joint sessions, the cost will be split between the two k F parties. The counseling shall continue for not less than.six months. The actual counselor to be used for counseling will be determined by the firm of Riegler and Shienvold. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: Sandra Meilton, Esquire Joseph Caraciolo, Esquire, Foreman, Foreman & Caraciolo, P.C., 112 Market Street, Sixth Floor, Harrisburg, PA 17101 John J. Mangan, Esquire 1 r NANCY KREINER, Plaintiff PENNSYLVANIA LAW V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, No. 08-4589 CIVIL ACTION IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT .IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of William Charles Burnham, IlI 02/28/2001 Mother 2. A Conciliation Conference was held with regard to this matter on September 11, 2008 and again on November 18, 2008, an Order issued November 18, 2008, a status conference was held January 26, 2009, an Order issued February 3, 2009, an amended Order was issued February 9, 2009, two Orders were issued September 3, 2009, Mother and Paternal grandmother then filed cross contempt petitions and a conference was held January 11, 2010 with the following individuals in attendance: The Mother, Tiffany A. Sunday, with her counsel, Joseph Caraciolo, Esq. The Paternal grandmother, Nancy Kreiner, with her counsel, Sandra Meilton, Esq. 3. The parties to this action have agreed to the entry of an Order in the form as attached. Date Jo an, Esquire Cus V d Conciliator CERTIFICATE OF SERVICE I, Gloria M. Rine, Paralegal to Sandra L. Meilton, hereby certify that on this 7 VA day of July, 2010, a true and correct copy of the foregoing document was served on counsel for the Defendant by forwarding same via mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire Foreman and Caraciolo P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 Gloria .me 1 ! if + 110 NANCY KREINER PLAINTIFF V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA • 2008-4589 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, July 09, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 20, 2010 at 2:30 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/ john J. Mangan, Jr., 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 N ?• a• ?Q C-u?e. CO?vJ NNQa?`e_6 32 South Bedford Street QQ Carlisle, Pennsylvania 17013 ?? r?•rl ?'n Telephone (717) 249-3166 > ?X0, O ` ?- 4 C__ `7 • t X 10 C.? _?lOLA-? (1 Ail S -? ?' NANCY KREINER, : IN THE COURT OF COMMON PLEM L' : CUMBERLAND COUNTY, PENNSY'VA?_ IA . ; Plaintiff V. : NO. 2008-4589 TIFFANY ANN SUNDAY, f/k/a : CIVIL ACTION - LAW TIFFANY ANN BURNHAM, : IN CUSTODY Defendant R? i? PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Defendant, Tiffany Ann Sunday, by and through her attorneys, Joseph D. Caraciolo, Esquire and Foreman & Caraciolo, PC, and files the instant Petition and in support thereof, avers as follows: 1. Defendant is Tiffany Ann Sunday, hereinafter referred to as "Mother", who currently resides at 205 West Springville Road, Boiling Springs, PA 17007. 2. Plaintiff is Nancy Kreiner, hereinafter referred to as "Grandmother", who currently resides at 586 Rockville Road, Spring Grove, PA 17362. 3. The Father of the minor child is William Charles Burnham, Jr., who is deceased. 4. The Subject minor child of this action is: William Charles Burnham, III Born: 02-28-2001 5. The Honorable M. L. Ebert, Jr. J. entered an Order of Court dated September 3, 2009, (see attached Exhibit "A"). and January 15, 2010, (see attached Exhibit "B") regarding custody of William. 6. Since the entry of the Order of Court, both parties have alleged that the other has violated the terms of the respective Order with Mother filing a petition for Contempt on November 17, 2009 and Grandmother filing a Petition for Contempt on July 9, 2010. 7. Conciliation on Plaintiffs petition for contempt is scheduled for August 20, 2010 at 2:30 p.m. and is unlikely to resolve either Plaintiff's contempt issue or Defendant's request for Modification. 8. Since the entry of the previous Orders of Court, communication has not improved and the parties are frequently arguing over the terms and intent of this Court's Orders. 9. Since the entry of the previous Orders of Court, Plaintiff has refused to be flexible with regard to the minor child's extracurricular activities, and changes in the minor child's schedule such that life has become burdensome for Defendant and her family. 10. Defendant alleges that the best interest and permanent welfare' of the child will be best served by modifying the Order of Court as follows: A. Limit Grandmother's periods of physical custody to one weekend per month with the understanding that the minor child's extracurricular activities, including sporting activities, must be attended by the child. B. Limit Grandmother's holiday custodial periods such that the parties follow the same holiday schedule they have followed in every year prior to 2010: Grandmother shall have Thanksgiving Friday at 12:00 p.m. to Sunday at 4:00 p.m. if it is Grandmother's regularly scheduled weekend, or Saturday at 4:00 p.m. otherwise; Grandmother shall have December 23rd at 2:00 p.m. to December 2e at 6:00 p.m. C. Limit Grandmother's summer vacation to five consecutive days. D. Require that both parties continue with communication counseling as was Ordered on September 3, 2009 (Exhibit "A") until the counselor recommends termination. WHEREFORE, Defendant respectfully requests that this Honorable' Court amend its previous Orders regarding the subject minor child to limit Grandmother's periods of partial physical custody. Date: C-$- 01W U Jef h D. CaraciWo, EsgAK ? reman & Caraciolo, P.C. 12 Market Street, 6`? Floor Harrisburg, Pennsylvania 17'101-2015 ID# 90919 Tel. (717) 236-9391 NANCY KREINER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008-4589 TIFFANY ANN SUNDAY, f/k/a : CIVIL ACTION - LAW TIFFANY ANN BURNHAM, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition for Modification upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Date: D . %?' v seph D. Caraciolo, Esquire oreman & Caraciolo, P.C. 112 Market Street, 6'h Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 Exhibit A IV NANCY KREINER, Plaintiff V TIFFANY ANN SUNDAY, F/K/A TIFFANY ANN BURNHAM, Defendant IN RE: CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4589 CIVIL : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of September, 2009, the parties having reached a basic agreement with regard to custody of the child in this case, IT IS FURTHER ORDERED AND DIRECTED that the parties shall continue to pursue communication counseling with the firm of Riegler and Shienvold. Costs for this counseling will be shared such that individual sessions will be paid by the individual party. If there are joint sessions the cost will be split between the two parties. That counseling shall continue for not less than six months. The actual counselor to be used for counseling in the case will be determined by the firm of Riegler and Shienvold. By the Court, ?A - ??A i M. L. Ebert, Jr., L7. 0 Sandra Meilton, Esquire For the Plaintiff Joseph Caraciolo, Esquire For the Defendant Riegler and Shienvold mtf I COPY FROM EC OR,; .f of Z N on e ! two tin-PLC my harr. iv, zo'.- Lod; Ci!S lti`?;'-Ee?t?fi Exhibit B JAN 14 2010 NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-4589 CIVIL ACTION LAW IN CUSTODY AMENDED ORDER OF COURT AND NOW this _4L4 day of January 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. Mother's and Paternal grandmother's petitions for contempt are hereby held in abeyance. 2. Legal custody: The Mother, Tiffany A. Sunday, shall have legal custody of William Charles Burnham, III, born 02/28/2001. The Mother shall have the right to make all major non-emergency. decisions affecting the Child's general well- being including, but not limited to, all decisions regarding his health, education and religion. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Paternal grandmother's partial custody/visitation as follows: a. Commencing 02/06/09, Paternal grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal grandmother shall picks the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant, parking lot in Dillsburg, PA for the custodial exchange. b. Paternal grandmother shall have additional periods of time with William as the parties may agree. Additionally, the parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the parties shall strive to be flexible in terms of modifying the alternating weekends should special events/ unforeseen events arise. 4. Holidays: For Thanksgiving, Paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at noon until Sunday at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house on Friday and the parties shall meet on Sunday in the Giant parking lot in Dillsiburg, PA. For the Christmas holiday, to the extent that the Child's winter school recess allows, Paternal grandmother shall pick the Child up at school on 12/22 when school recesses for the holiday and shall have custody until 12/24 at 6:00 p, with the exchange being at the Giant parking lot in Dillsburg, PA. If the school does not recess until 12/23, then the Paternal grandmother shall pick the Child up at school at the end of the school day and have custody until 12/24 at 6:00 pm. Paternal grandmother shall also pick up the Child on 12/28 at 5:00 pm at Mother's residence and the parties shall meet on 12/29 at 6:00 pm in the Giant parking lot in Dillsburg, PA to exchange custody. For the Easter holiday, Paternal grandmother shall pick up the Child on Good Friday at 5:00 pm at Mother's residence and the parties shall meet on Saturday, the day before Easter, at 6:00 pm in the Giant parking lot to exchange custody. In odd-numbered years, Mother shall have custody on Memorial Day from 9:00 am until 6:00 pm and the Paternal grandmother shall have the Child on Labor Day from 9:00 am until 6:00 pm. In even numbered years, Paternal grandmother shall have custody of the Child on Memorial Day from 9:00 am until 6:00 pm and Mother shall have custody on Labor Day from 9:00 am until 6:00 pm. At the beginning of Paternal grandmother's holidays, she shall pick the Child up from Mother's residence and the 6:00 pm exchange shall take place in the Giant parking lot in Dillsburg, PA. In odd-numbered years, Paternal grandmother shall have custody for the Fourth of July holiday. In even numbered years, Mother shall have custody for the Fourth of July holiday. The holiday shall run from 7/4 at 9:00 am until 7/5 at noon. The party receiving custody shall pick the Child up at Mother's residence. The noon exchange shall take place in the Giant parking lot in Dillsburg, PA. The holiday schedule shall take precedence over the regular custody schedule. 5. Summer: Beginning in 2009, both Mother and Paternal grandmother shall be entitled to two (2) non-consecutive weeks of uninterrupted custody during the summer school vacation. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with at least thirty (3) days' notice of her intention to exercise the extended custody period. Regardless of the notice provision, the first party to reserve a specific week shall be entitled to use said week for uninterrupted custody of the Child. 6. The non-custodial party shall have reasonable telephone contact with the Child. 7. Counseling: It is Ordered and directed that the parties shall continue, with communication counseling with the firm of Riegler and Shienvold. Costs for this counseling will be shared such that individual sessions will be paid by the individual party. If there are joint sessions, the cost will be split between the two parties. The counseling shall continue for not less than six months. The actual counselor to be used for counseling will be determined by the firm of Riegler and Shienvold. 8. Neither party may say or do anything nor permit a third party to do or say - anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, "?V Distribution: Sandra Meilton, Esquire Joseph Caraciolo, Esquire, Foreman, Foreman & Caraciolo, P.C., 112 Market Street, Sixth Floor, Harrisburg, PA 17101 John J. Mangan, Esquire ham D NANCY KREINER PLAINTIFF V, TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM DEFFNDANT IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA 2008-4589 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 25, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 29, 2010 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ johns Mandan r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply frith 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 arrangem ents must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch eduled conference or hearin'-. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GOTO OR TELEPHONE; TIiI? OFFRC [" F -? > FORT]] BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP . Cumberland County Bar Association n g. ?5 ?b Cow-. Co? mail ec? C 011 -I-) N M tif CGi.t'GtCn?lO 32 South Bedford Street: -?Q c V j Carlisle, Pennsylvania 17013 ; ? # d 0 T (Y l h 717 249 3 _ e ep one ( l a. ) - $ , ? ? ?D 166 ?C: t.a ) w a ?s • zs t o COP c? NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. AUG 2 6 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4589 IN CUSTODY ORDER OF COURT CIVIL ACTIN LAW C ?..., rt m rs'' r'? ?.. > on _a n r? yr C AND NOW this day of August 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. Mother's and Paternal grandmother's petitions for contempt are hereby held in abeyance. The conciliation conference scheduled for September 29, 2010 at 1:00 is hereby CANCELLED. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 1G? day of ?y?e?,,,?c , 2010 at ,CC am/min Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. Legal custody: The Mother, Tiffany A. Sunday, shall have sole legal custody of William Charles Burnham, III, born 02/28/2001. The Mother shall have the right to make all major non-emergency decisions affecting the Child's general well- being including, but not :limited to, all decisions regarding his health, education and religion. 4. Physical Custody: The Mother shall have primary physical custody of the Child subject to Paternal grandmother's partial custody/visitation as follows: a. Paternal grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal grandmother shall pick the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange absent agreement otherwise. b. Paternal grandmother shall have additional periods of time with William as the parties may agree. C. The parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the parties shall strive to be flexible in terms of modifying the alternating weekends should special events/ unforeseen events arise. Additionally, all reasonable efforts shall be made to ensure that William attends his extra-curricular activities. Holidays: For Thanksgiving, Paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at noon until Sunday at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house on Friday and the parties shall meet on Sunday in the Giant parking lot in Dillsburg, PA. For the Christmas holiday, to the extent that the Child's winter school recess allows, Paternal grandmother shall pick the Child up at school on 12/22 when school recesses for the holiday and shall have custody until 12/24 at 6:00 p, with the exchange being at the Giant parking lot in Dillsburg, PA. If the school does not recess until 12/23, then the Paternal grandmother shall pick the Child up at school at the end of the school day and have custody until 12/24 at 6:00 pm. Paternal grandmother shall also pick up the Child on 12/28 at 5:00 pm at Mother's residence and the parties shall meet on 12/29 at 6:00 pm in the Giant parking lot in Dillsburg, PA to exchange custody. For the Easter holiday, Paternal grandmother shall pick up the Child on Good Friday at 5:00 pm at Mother's residence and the parties shall meet on Saturday, the day before Easter, at 6:00 pm in the Giant parking lot to exchange custody. In odd-numbered years, Mother shall have custody on Memorial Day from 9:00 am until 6:00 pm and the Paternal grandmother shall have the Child on Labor Day from 9:00 am until 6:00 pin. In even numbered years, Paternal grandmother shall have custody of the Child on Memorial Day from 9:00 am until 6:00 pm and Mother shall have custody on Labor Day from 9:00 am until 6:00 pm. At the beginning of Paternal grandmother's holidays, she shall pick the Child up from Mother's residence and the 6:00 pm exchange shall take place in the Giant parking lot in Dillsburg, PA. In odd-numbered years, Paternal grandmother shall have custody for the Fourth of July holiday. In even numbered years, Mother shall have custody for the Fourth of July holiday. The holiday shall run from 7/4 at 9:00 am until 7/5 at noon. The party receiving custody shall pick the Child up at Mother's residence. The noon exchange shall take place in the Giant parking lot in Dillsburg, PA. The holiday schedule shall take precedence over the regular custody schedule. 6. Summer: Beginning in 2009, both Mother and Paternal grandmother shall be entitled to two (2) non-consecutive weeks of uninterrupted custody during the summer school vacation. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with at least thirty (3) days' notice of her intention to exercise the extended custody period. Regardless of the notice provision, the first party to reserve a specific week shall be entitled to use said week for uninterrupted custody of the Child. 7. The non-custodial party shall have reasonable telephone contact with the Child. 8. Counseling: It is Ordered and directed that the parties shall continue with communication counseling with the firm of Riegler and Shienvold. Costs for this counseling will be shared such that individual sessions will be paid by the individual party. If there are joint sessions, the cost will be split between the two parties. The counseling shall continue for not less than six months. The actual counselor to be used for counseling will be determined by the firm of Riegler and Shienvold. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Distribution: dra Meilton, Esquire oseph Caraciolo, Esquire, Foreman, Foreman & Caraciolo, P.C., 112 Market Street, Sixth Floor, Harrisburg, PA 17101 ,/Xohn J. Mangan, Esquire a??' NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4589 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of William Charles Burnham, III 02/28/2001 Mother 2. A Conciliation Conference; was held with regard to this matter on September 11, 2008 and again on November 18, 2008, an Order issued November 18, 2008, a status conference was held January 26, 2009, an Order issued February 3, 2009, an amended Order was issued February 9, 2009, two Orders were issued September 3, 2009, Mother and Paternal grandmother then filed cross contempt petitions, a conference was held January 11, 2010, an Order issued January 15, 2010, paternal grandmother filed. a petition for contempt and Mother filed a petition to modify and a conference was held August 20, 2010 with the following individuals in attendance: The Mother, Tiffany A. Sunday, with her counsel, Joseph Caraciolo, Esq. The Paternal grandmother, Nancy Kreiner, with her counsel, Sandra Meilton, Esq. Mother's position on custody is as follows: Mother asserts that the current custody arrangement of alternating weekends and the vacation schedule is burdensome and interferes with William's other activities. Mother would like to decrease grandmother's time to one weekend per month and a five day vacation in the summer. Mother would like to ensure that William attends his extra- curricular activities on grandmother's weekends. Furthermore, Mother would like the counseling to continue. Mother asserts that grandmother is not flexible and is too rigid, as such, does not put William's best interest before her desires to have custodial periods. 4. Paternal grandmother's position on custody is as follows: Paternal grandmother indicates that she is relatively content with the status quo with her having alternating weekends and two weeks of vacation with William. Paternal grandmother feels that Mother is not being sensitive in regard to grandmother's custodial periods. Paternal grandmother indicates that she wants to maintain a loving relationship with her grandson. Paternal grandmother has concerns about Mother not following the custody Order and indicates that she did not have the full amount of vacation time with William as well as a holiday was missed. Paternal grandmother was not too enthusiastic about continuing with counseling. Paternal grandmother requests that her concerns about possible contempt issues be preserved. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date Joli J. angan, Esqui Cristo Conciliato Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmglaw.com NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant AUS 31 AN 1I: 53 ?1JV'NN PENNSYLVANA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4589 (Civil Term) CIVIL ACTION -LAW : IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW COMES, Plaintiff, Nancy Kreiner, by and through her undersigned counsel, and files this Answer to Defendant, Tiffany Ann Sunday's, Petition for Modification of Custody Order, and in support thereof, avers as follows: 1-6. Admitted. 7. Admitted. It is admitted that a Petition for Contempt had been scheduled for and was held on August 20, 2010 and that the matter was not resolved at the Conciliation Codcrenc4. 8. Admitted in part and denied in part. It is admitted that the parties have, since the entry of the previous Order, disagreed over the terms of the Court Order. It is denied that communication has not improved and by way of further reply it is averred that while the parties have disagreed on some matters, they have resolved other issues between them. 9. Denied. It is denied that the Plaintiff has refused to be flexible with regard to William's extracurricular activities and changes in schedule. To the contrary, it is averred that Plaintiff has made schedule changes at request of Defendant and Plaintiff has taken steps to assure that William attended all of his extracurricular activities while in her custody. 10. The allegations in Paragraph 10 set forth conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, it is denied that it is in the best interest and permanent welfare of William to modify the Order of Court to reduce his contact with his grandmother and his father's extended family. To the contrary, it is averred that the schedule in place is in William's best interest since it affords him an opportunity to have good meaningful contact with his grandmother and his father's extended family. WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's request to modify the Court Order currently in existence. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1 r Date: 08/27/10 By: Lrw' ` andra I:_ Menton, Esq re, ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the within action; that she takes this affidavit on behalf of Plaintiff as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Answer to Preliminary Objections to Amended Complaint for Custody are true and correct to the best of her knowledge, information and belief. Sandra L. Meilton Sworn to and subscribed before me this .2 7 ??ay of August, 2010. -*N'-otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL FL02er ia M Rine, Notary Public axton Township, Dauphin Caq ission expi res November 15, 2011 VERIFICATION I, Nancy Kreiner, verify that the statements made in this Answer to Defendant's Petition for Modification of Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: hdtqAk_ZP, 20 Id l Pig .---- Nancy RWeiner, Plaintiff CERTIFICATE OF SERVICE I, Rebecca E. Woods, Paralegal to Sandra L. Meilton, hereby certify that on this day of August, 2010, a true and correct copy of the foregoing document was served on counsel for the Defendant by forwarding same via mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 Rebecca E. Woods NANCY KREINER, Plaintiff V. TIFFANY ANN SUNDAY F/K/A TIFFANY ANN BURNHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA,N?IA No. 08-4589 CIVIL ACTION LAW "03 xm :zm s z tit- ?r- ? ma? r -z ? o IN CUSTODY ?o a =--n xC z r> arrn ORDER AND NOW, this day of _Sa.A V 0o , 2011, it is hereby Ordered and Decreed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Mother, Tiffany A. Sunday, shall have sole legal custody of William Charles Burnham, III, born 02/28/2001. The Mother shall have the right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Paternal grandmother's partial custody/visitation as follows: a. Paternal grandmother shall have partial physical custody/visitation on alternating weekends with the Child from Friday until Sunday. Paternal grandmother shall pick the Child up at Mother's residence at 5:00 pm on Friday and the parties shall meet on Sunday at 4:00 pm in the Giant parking lot in Dillsburg, PA for the custodial exchange absent agreement otherwise; and b. Paternal grandmother shall have additional periods of time with William as the parties may agree. 4. Holidays: If the Thanksgiving holiday falls immediately before Paternal grandmother's regularly scheduled weekend, Paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at noon until the Sunday following Thanksgiving at 4:00 pm. If the Thanksgiving holiday falls immediately before Mother's regularly scheduled weekends, Paternal grandmother shall have physical custody of the Child from Friday, the day after Thanksgiving, at 10:00 am until the Saturday following Thanksgiving at 4:00 pm. Paternal grandmother shall pick up the Child from Mother's house at the beginning of the holiday and the parties shall meet at the end of the custodial period in the Giant parking lot in Dillsburg, PA to exchange custody. For the Christmas holiday, to the extent that the Child's winter school recess allows, Paternal grandmother shall pick the Child up from Mother's home on December 22 at 2:00 pm, and shall have custody until December 24 at 6:00 pm, with the exchange being at the Giant parking lot in Dillsburg, PA. If the school does not recess until December 23, then Paternal grandmother shall pick the Child up from Mother's home one hour after his school dismissal time (for example, if his school dismissal is at 1:00 p.m., Paternal grandmother will pick him up at 2:00 p.m.) and shall have custody until December 24 at 6:00 pm., with the exchange being at the Giant parking lot in Dillsburg, PA. If the school does not recess until December 23, then Paternal grandmother shall also pick up the Child on December 26 at 5:00 pm at Mother's residence and the parties shall meet on December 27 at 6:00 pm in the Giant parking lot in Dillsburg, PA to exchange custody. For the Easter holiday, Paternal grandmother shall pick up the Child on Good Friday at 5:00 pm at Mother's residence and the parties shall meet on Saturday, the day before Easter, at 6:00 pm, in the Giant parking lot in Dillsburg, PA to exchange custody. The holiday schedule shall take precedence over the regular custody schedule. 5. Summer: Paternal grandmother shall be entitled to one (1) week of uninterrupted custody during the summer school vacation. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Paternal grandmother shall also be entitled to three (3) non-consecutive additional days of custody during the summer school vacation. For these single days of custody, Paternal grandmother shall pick up the Child at 9:00 am at Mother's residence and the parties shall meet at 6:00 pm, in the Giant parking lot in Dillsburg, PA to exchange custody. Paternal grandmother shall provide Mother with at least thirty (30) days' notice of her intention to exercise the extended custody periods. Mother shall have a forty-eight (48) hour acknowledgement period within which to advise Paternal grandmother that the date is acceptable or to object to the date if it conflicts with a previously scheduled commitment for William. For example, if Paternal grandmother requests custody of William on June 15 and advises Mother on or before May 15 for said June 15 date, Mother shall have until May 17 (or 48 hours after Paternal grandmother's request) to acknowledge that the date is acceptable or advise Paternal grandmother of a conflict on William's schedule for June 15. Except as noted above, regardless of the notice provision, the first party to reserve a specific day or week shall be entitled to use said day or week for uninterrupted custody with the Child. 6. Flexibility: a. The parties shall endeavor to notify each other of planned events for William as soon as possible so that arrangements can be made and the parties shall strive to be flexible in terms of modifying the alternating weekends to accommodate William's schedule should special events/ unforeseen events arise; and b. All efforts shall be made to assure that the Child maintains his friendships, extracurricular activities and other special interests; and c. Paternal grandmother shall take all steps necessary to assure that the Child attends his extracurricular activities. 7. Should Paternal grandmother take the Child out of state, Paternal grandmother shall provide Mother with information regarding the location to which the Child is traveling and a telephone number where the Child can be reached in the event of an emergency. 8. The non-custodial party shall have reasonable telephone contact with the Child. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other party in the presence of the Child. 10. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: Distribution: Sandra L. Meilton, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 'Joseph D. Caraciolo, Esquire, 112 Market Street, 6U' Floor, Harrisburg, PA 17101 John J. Mangan, Esquire 4ies MOL"ed l1 Do