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HomeMy WebLinkAbout08-5008 NORMAN DENNIS KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- D 6 (3 fr CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Norman Dennis Keefer, Jr., (Father). Father resides at 553 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Melanie A. Wenerick, (Mother). Mother resides at 34 Regency Woods, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks periods of partial custody of the minor child: Name Present Residence Age Noah Wenerick 34 Regency Woods 4.27.08 DOB, 4 mths old Carlisle, PA Noah was born out of wedlock. Noah is presently in the custody of Mother. During his lifetime, Noah has resided with the following persons and at the following addresses: Name Address Date Melanie Wenerick 34 Regency Woods birth - present Joe Wenerick Carlisle, PA Doris Wenerick Sarah Wenerick The parties are no longer in a relationship. 4. Mother resides with the following persons: Name Relationship Joe Wenerick Maternal Grandfather Doris Wenerick Maternal Grandmother Sarah Wenerick Child from Prior Relationship Noah Wenerick Child with Norman Keefer, Jr. 5. Father currently resides with the following persons: Name Relationship Norman Keefer, Sr. Paternal Grandfather Sharon Keefer Paternal Grandmother Justin Keefer Son from Prior Marriage Terry Keefer Brother Alex Keefer Nephew Tara Keefer Niece Brenda Shoemaker Brother's Girlfriend Tiff Rines Girlfriend's Daugher 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Noah in this or another court. 7. Father has no information of a current custody proceeding concerning Noah pending in a court of this Commonwealth. ,,*V& 8. Father does not know of a person not a party to the proceedings who has physical custody of Noah or claims to have custody or visitation rights with respect to Noah. 9. The best interest and permanent welfare of Noah will be served by granting the relief requested for reasons including, but not limited to the following: a) Despite the end of the relationship between Father and Mother, Father has tried to maintain contact with Noah and develop a father/son relationship with him. b) Father lives with his family in a home that is a safe and nurturing environment in which to exercise periods of partial custody with Noah. Father's family members are willing and able to assist Father with the care of Noah and are eager to develop a relationship with Noah. c) Father has all the necessary items to care for Noah, during periods of partial custody. d) Father is willing and able to care for Noah during periods of partial custody and he is committed to establishing and nurturing a healthy father/son relationship with him. e) Father was the primary custodian for his two adult children from a prior marriage and currently spends extensive amounts of time with his young grandchildren. Father is fully capable of caring for an infant child for periods of partial custody. f) Father is willing to work with Mother to co-parent Noah and will communicate with Mother to best serve Noah's interests. g) Mother is not acting in Noah's best interest in ways including but not limited to the following: , ty i) Mother is arbitrary in deciding when Father can visit with Noah. ii) Mother refuses to allow Father to take Noah to his home and provides no explanation for her decisions. iii) Mother allows her family to interfere with decisions that should be made between Mother and Father, thus resulting in further interference with Father's ability to develop a consistent relationship with Noah. iv) Mother has deliberately acted in a manner to interfere with, if not prohibit, Father from establishing a healthy father/son relationship with Noah. 11. Every person with rights to custody or having actual physical custody of Noah has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Noah. 2) Grant Mother primary physical custody of Noah. 3) Grant Father periods of partial custody with Noah. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Noah. 5) Any further relief that this Court finds to be just and proper. Res tf submitted, Jes a olst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 NORMAN DENNIS KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Melanie A. Wenerick with a Complaint For Custody on W? 7-0-, 2008 by certified mail, return receipt, restricted delivery, to the person and addresses below: Melanie A. Wenerick 34 Regency Woods Carlisle, PA 17013 Date: 2 ??? Signature: r' VERIFICATION The above-named PLAINTIFF, NORMAN DENNIS KEEFER, JR., verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: NORMAN DENNIS KEEFER, JR. 0 _ c " y ??Y? C'Y • ,1J n NORMAN DENNIS KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- gdf CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Norman Dennis Keefer, Jr., Plaintiff, to proceed in forma aQ uyeris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Ir- J ica Ho t, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 c.r; NORMAN DENNIS KEEFER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELANIE A. WENERICK DEFENDANT 2008-5008 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 27, 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 23, 2008 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/ John . Man an r. Es g. 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 9?. CZ OAV 9001 .L wl'43 k.,F ril i 30l:aJf? 10 h NORMAN D. KEEFER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5008 CIVIL ACTION LAW MELANIE A. WENERICK, IN CUSTODY Defendant A ORDER OF COURT AND NOW this day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Norman D. Keefer, Jr., and the Mother, Melanie A. Wenerick, shall have shared legal custody of Noah Wenerick, born 04/27/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Initially, Father shall have physical custody of Noah two (2) visits per week for two (2) hours each visit from 2:00 pm until 4:00 pm at Father's residence for a period of two weeks. The dates shall be on Sundays and Thursdays commencing 9/28/08 and then on the dates of 10/02/08, 10/05/08 and 10/09/08. Mother shall also attend the first two visits at Father's residence. By mutual agreement, Mother may also attend additional visits at Father's residence as requested. For first two visits, Mother shall transport Noah to Father's residence. Father shall be obligated to make arrangements for all other custodial period exchanges. b. Subsequently, Father shall have physical custody of Noah two (2) visits per week for four (4) hours each visit from 2:00 pm until 6:00 pm at Father's residence for a period of two weeks. The dates shall be on Sundays and Thursdays for the dates of 10/12/08, 10/16/08, 10/19/08 and 10/23/08. C. Father shall then have physical custody of Noah two (2) visits per week on Sundays for seven hours from 12:30 pm until 7:30 pm on the dates of 10/26/08, 11/02/08 and 11/09/08 and for six (6) hours from 1:30 pm until 7:30 pm on Wednesday (10/29) and Thursday on 11/06/08. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. e. Father may also have additional time with Noah at Mother's residence by mutual agreement and adequate notice to Mother. 3. Both parties are directed to have appropriate child restraints/seats when transporting Noah. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule at the scheduled status update conference. 6. Neither parry 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 parry, 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. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 10. A status update conference is hereby scheduled for November 13, 2008 at 2:00 pm at the Court of Common Pleas in Carlisle, PA 17013. Dom' tribution: ?J ssica Holst, Esquire lanie Wenerick, 34 Regency Woods, Carlisle, PA 17013 ohn J. Mangan, Esquire g?2g?o? J. ?k S :ZI H8 VV d3V OVVV NORMAN D. KEEFER, JR., Plaintiff v. MELANIE A. WENERICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5008 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 Noah Wenerick 04/27/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 23, 2008 with the following individuals in attendance: The Mother, Melanie A. Wenerick, pro se The Father, Norman D. Keefer, Jr., with his counsel, Jessica Holst, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ?/?- X&or Date Jo anganEsquir Cu o Conciliator a c 3 NOV "I 8 2008 0 I^ NORMAN D. KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5008 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this _114 day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order dated September 29, 2008 is hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Norman D. Keefer, Jr., and the Mother, Melanie A. Wenerick, shall have shared legal custody of Noah Wenerick, born 04/27/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Noah at Father's residence every Saturday from 1:00 pm until 5:00 pm. b. At the Saturday exchange, Mother shall inform Father of her work schedule for the following week and the parents shall arrange for Father to have another physical custodial period between Monday and Friday for a period of four (4) hours. C. Mother shall provide the transportation of Noah to and from Father's residence, absent agreement otherwise. d. Father shall have physical custody of the Child at such other times and locations as the parties may mutually agree. 4. Both parties are directed to have appropriate child restraints/seats when transporting Noah. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: Thanksgiving shall be alternated with Mother having Thanksgiving Day and Father having Friday the day after Thanksgiving in even years from 11:00 am until 5:00 pm. In odd years, Father shall have Thanksgiving Day from 11:00 am until 5:00 pm and Mother shall have Friday, the day after Thanksgiving. For Christmas, Father shall have a custodial period with Noah on 12/25/08 from 11:00 am until 5:00 pm. The parents may change this schedule by mutual agreement. 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. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. During any periods of custody or visitation, the parties shall not smoke in confined places when the Child is present. Additionally, both parties have agreed that neither parent, nor their household members, shall smoke inside their residences at least one hour before a period of physical custody or visitation. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation: The parties have negotiated the custody portions of this Order based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 13. A status update conference is hereby scheduled for January 13, 2009 at 11:00 am at the Court of Common Pleas in Carlisle, PA 17013. J. VINVAIASNN]d CS cZ WJ 61 AON ODDZ 3?kC?ti3;r4i _:';W. 30 Distribution: Jessica Hoist, Esquire Melanie Wenerick, 34 Regency Woods, Carlisle, PA 17013 John J. Mangan, Esquire tt-/q- o8 4 NORMAN D. KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5008 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SiTNIIVIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C M 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 Noah Wenerick 04/27/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 23, 2008, an Order issued September 29, 2008 and a status update conference was held November 13, 2008 with the following individuals in attendance: The Mother, Melanie A. Wenerick, pro se The Father, Norman D. Keefer, Jr., with his counsel, Jessica Holst, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John f.$?016aigiin, Esquire Custod Co ciliator MAR 18 2005 3 NORMAN D. KEEFER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5008 CIVIL ACTION LAW MELANIE A. WENERICK, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this ?30( day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders dated September 29, 2008 and November 19, 2008 are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Norman D. Keefer, Jr., and the Mother, Melanie A. Wenerick, shall have shared legal custody of Noah Wenerick, born 04/27/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Noah at Father's residence every Thursday and Saturday from 1:00 pm until 5:00 pm. b. Mother shall provide the transportation of Noah to and from Father's residence, absent agreement otherwise. C. Father shall have physical custody of the Child at such other times and locations as the parties may mutually agree. 4. Both parties are directed to have appropriate child restraints/seats when transporting Noah. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: Thanksgiving: Thanksgiving shall be alternated with Mother having Thanksgiving Day and Father having Friday the day after Thanksgiving in even years from 11:00 am until 5:00 pm. In odd years, Father shall have Thanksgiving Day from 11:00 am until 5:00 pm and Mother shall have Friday, the day after Thanksgiving. f'+ Christmas: For Christmas, Father shall have a custodial period with Noah on 12/25/08 from 11:00 am until 5:00 pm. Easter: Father shall have a custodial period with Noah on Easter Sunday from 1:00 pm until 6:00 pm Mother's Day and Father's Day: Each parent shall have physical custody of Noah on their respective days from 1:00 pm until 5:00 pm. The parents may change this holiday schedule by mutual agreement. 7. Neither party may say or do anything nor permit a third parry 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 parry, 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. In the event of a medical emergency, the custodial party shall notify the other parry as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. During any periods of custody or visitation, the parties shall not smoke in confined places when the Child is present. Additionally, both parties have agreed that neither parent, nor their household members, shall smoke inside their residences at least one hour before a period of physical custody or visitation. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation: The parties have negotiated the custody portions of this Order based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 13. A status update conference is hereby scheduled for May 26, +00 am at the Court of Common Pleas in Carlisle, PA 17013. v the Cwt. J. 1 `VIN VI M,Ntwf t ?1:0I 14V ? z HVW 6702 .. L.3??4???Vt??t li.:iti,? .ai 4L ?V .0 Distribution: sica Holst, Esquire Vlylane Wenerick, 34 Regency Woods, Carlisle, PA 17013 ? _ hn J. Mangan, Esquire NORMAN D. KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5008 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCELIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL 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 Noah Wenerick 04/27/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 23, 2008, an Order issued September 29, 2008, a status update conference was held November 13, 2008, an Order issued November 19, 2008 and a status conference was held March 17, 2009 with the following individuals in attendance: The Mother, Melanie A. Wenerick, pro se The Father, Norman D. Keefer, Jr., with his counsel, Jessica Holst, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 4 fi2 /////-Z? Date John J. qrAa6g Esquire Custody on iliator NORMAN D. KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant Prior Judge: Edward E. Guido, J. JUN U 8 /-uuj ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5008 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day offish 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Norman D. Keefer, Jr., and the Mother, Melanie A. Wenerick, shall have shared legal custody of Noah Wenerick, born 04/27/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of Noah at Father's residence every Tuesday and Thursday from 1:00 pm until 5:00 pm. b. Mother shall provide the transportation of Noah to and from Father's residence, absent agreement otherwise. C. Father shall have physical custody of the Child at such other times and locations as the parties may mutually agree. 4. Both parties are directed to have appropriate child restraints/seats when transporting Noah. 5. Mother shall provide Father with her address within ten (10) days of the date of this Order. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Holidays: Thanksgiving: Thanksgiving shall be alternated with Mother having Thanksgiving Day and Father having Friday the day after Thanksgiving in even years from 11:00 am until 5:00 pm. In odd years, Father shall have Thanksgiving Day from 11:00 am until 5:00 pm and Mother shall have Friday, the day after Thanksgiving. Christmas: For Christmas, Father shall have a custodial period with Noah on 12/25/08 from 11:00 am until 5:00 pm. Easter: Father shall have a custodial period with Noah on Easter Sunday from 1:00 pm until 6:00 pm Mother's Day and Father's Day: Each parent shall have physical custody of Noah on their respective days from 1:00 pm until 5:00 pm. The parents may change this holiday schedule by mutual agreement. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. During any periods of custody or visitation, the parties shall not smoke in confined places when the Child is present. Additionally, both parties have agreed that neither parent, nor their household members, shall smoke inside their residences at least one hour before a period of physical custody or visitation. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation: The parties have negotiated the custody portions of this Order based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Distribution: essica Hoist, Esquire %? lane Wenerick, 34 Regency Woods, Carlisle, PA 17013 ohn J. Mangan, Esquire 12T I ks rvt:LLLSj-- NORMAN D. KEEFER, JR., Plaintiff V. MELANIE A. WENERICK, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5008 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL 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 Noah Wenerick 04/27/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 23, 2008, an Order issued September 29, 2008, a status.update conference was held November 13, 2008, an Order issued November 19, 2008, a status conference was held March 17, 2009, an Order issued March 23, 2009 and a status conference was held May 26, 2009 with the following individuals in attendance: The Mother, Melanie A. Wenerick, pro se, did not appear The Father, Norman D. Keefer, Jr., with his counsel, Jessica Holst, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. Date John J. rnn, Esquire Custod Co r iliator FILED-OFFICE OF THE PROTHONOTARY 2009 JUN -9 PM 3: 15 CUM61 u i Wull TY PENNSYLVANIA.