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HomeMy WebLinkAbout09-8834IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN E. BATZEL, Plaintiff VS. AMBER E. BATZEL, Defendant No. WY for 2009 IN CUSTODY CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 Carlisle, Pennsylvania 17013 (717) 701-8412 Attorneys for Plaintiff 4 Irvine Row IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN E. BATZEL, No. Way for 2009 Plaintiff IN CUSTODY vs. AMBER E. BATZEL, CIVIL ACTION - LAW Defendant COMPLAINT FOR PRIMARY CUSTODY AND NOW, this day of December, 2009, comes Plaintiff, Jonathan E. Batzel, by and through his attorneys, Law Office of Sean M. Shultz, P.C., and files the following Complaint for Primary Custody, and in support thereof avers as follows: 1. Plaintiff is Jonathan E. Batzel, who resides at 532 North Pitt Street, Carlisle, Pennsylvania 17013. 2. Defendant is Amber E. Batzel, who resides at 532 North Pitt Street, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Age D/O/B Jaden A. Batzel 532 North Pitt Street, Carlisle, PA 17013 7 05/04/02 Autumn G. Batzel 532 North Pitt Street, Carlisle, PA 17013 4 02/08/05 Savannah W. Batzel 532 North Pitt Street, Carlisle, PA 17013 3 09/10/06 The children were not born out of wedlock. The children are presently in the physical custody of the Plaintiff and the Defendant. During the past five years, the children have resided with the following persons and at the following addresses: a. From December 2004 to 2005, with the parties, at 814 Franklin Street, Carlisle, Pennsylvania; b. From 2005 to 2006, with the parties, at 332 South Hanover Street, Carlisle, Pennsylvania; C. From 2006 to 2007, with the parties, at 100 B Street, Plainfield, Pennsylvania; d. From 2007 to August 2007, with the parties, on Spring Road, North Middleton Township, Pennsylvania; and e. From August 2007 to present, with the parties, at 532 North Pitt Street, Carlisle, Pennsylvania. The mother of the children is Amber E. Batzel, and she currently resides at 532 North Pitt Street, Carlisle, Pennsylvania. She is married to the Plaintiff. The father of the children is Jonathan E. Batzel, and he currently resides at 532 North Pitt Street, Carlisle, Pennsylvania. He is married to the Defendant. 4. The relationship of Plaintiff to the children is that of natural father. He currently resides with the Defendant and the children. 5. The relationship of Defendant to the children is that of natural mother. She currently resides with the Plaintiff and the children. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to them. 7. On December 15, 2009, Defendant spent the night in jail after being cited for public drunkenness. 8. Defendant has admitted to Plaintiff that she has blacked out while drinking. 9. Defendant is responsible for the children's care during the day. 10. Defendant has frequently stayed out all night partying and drinking, causing Plaintiff to be late for work because he has to care for the children. 11. The family primarily relies on Plaintiff's income for support and Defendant's actions continue to jeopardize Plaintiff's employment. 12. The best interests and permanent welfare of the children will be served best by granting the relief requested because: a) The Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet their needs; b) The Plaintiff is, and has always been, willing to accept custody of the children; and c) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the children. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. 14. Plaintiff requests shared legal custody of the children, with Plaintiff having primary physical custody of the children. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant him shared legal custody and primary physical custody of Jaden A. Batzel, Autumn G. Batzel, and Savannah W. Batzel. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN E. BATZEL, No. for 2009 Plaintiff vs. AMBER E. BATZEL, Defendant IN CUSTODY CIVIL ACTION - LAW VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. 121281U9 ?_',? e, ? ? ? Jonathan E. Batzel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN E BATZEL Mn fnr 7(1(19 Plaintiff VS. AMBER E. BATZEL, Defendant IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 28`b day of December 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Complaint by U.S. regular mail, and by Certified mail, Restricted Delivery, Return Receipt Requested, as follows: Amber E. Batzel 532 North Pitt Street Carlisle, Pennsylvania 17013 Defendant LAW OFFICE OF SEAN M. SHULTZ, P.C. an M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff ,?,; t' ?r`d Y I t} / LL ?? ???b ,? a3 s?f?b JONATHAN E. BATZEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMBER E. BATZEL DEFENDANT 2009-8834 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January. 28, 2010 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Fil FD--, "T TF'rF PP": ,IAM 2009 DEC '30 P' 3. 9 F(L~D-C~r=fCF ' ;F ?~-:~ f'G~TI-?;"~{,NOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN E. BATZEL, Plaintiff vs. . AMBER E. BATZEL, . Defendant : No. 8834 for 2009 IN CUSTODY CIVIL ACTION -LAW CERTIFICATE OF SERVICE 1010 JAS 1 S Pty 2~ 38 CL{rt~:~:: ~ . .~h ~Y t~C i ' ~ ' ~iv'r~-.~~ 1, AND NOW, this ~ 5~ciay of January, 2010, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Custody filed in the above-referenced matter. The Complaint was mailed on December 28, 2009, but actual service took place on December 30, 2009, by Defendant signing for a copy which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Amber E. Batzel 532 North Pitt Street Carlisle, Pennsylvania 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, LAW~FFICE OF SEAN M. SHULTZ, P.C. S~ M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorneys for Plaintiff ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^. Attach this card to the back of the mailpfece, or on the front if space permits. 1. Article Addressed to: ~Im.bPX" ~. ~JC~f~~~ 5 ~L ~. D~~ s~. a~tf s~~f P~- 13a~~ A. Signatu b ~'~ O Agent X / ~ ~/''~ f~ Addressee --, B^ R ived by (Printed Name) ~ C. Date of Delj~rery D, f~ delivery address different from item 1? ^ Yes if YES, enter delivery address below: ^ No 3. Service Type ~Certifled Maif O F~cpress Mail O Registered ^ Return Receipt for Merchandise O Insured Mail ^ C.O.D. 4. Restricted Deliveryl(Ektra Fee) Y~ 2. Article 7fl09 282 0023 8412 8215 rT PS Form 3811, February 2004 Domestic Return Receipt to2sa5-o2-M-i5ao JUL 1 ~ 2010 JONATHAN E. BATZEL, Plaintiff V. AMBER E. BATZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8834 CIVIL ACTION -LAW • n . c ~, IN CUSTODY ~; ~~'=' ORDER OF COURT _ ~._._ ~,,~ - N -c ,:_ ~~~> '°~ "~ `_ ~~ 1..- r" c rv ~, __ ~,~ AND NOW, this 12th day of July, 2010, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~_~ -r, ~~ ~;~ -~. ~-r -;~~; ~ -. -,=C, ,:Y t ~- .z -c ~~ ac eline M. Verney, Esquire, ustody Conciliator N.6 L_4- s Z JONATHAN E. BATZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAiN14 ?- r? -r7 -?. - f V. : NO. 2009-8834 CIVIL ACTION - AMBER E. BATZEL Defendant : IN CUSTODY ORDER OF COURT S AND NOW this day of ? y hC. , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated February 1, 2010 is hereby vacated. 2. The Father, Jonathan E. Batzel and the Mother, Amber E. Batzel, shall have shared legal custody of Jaden A. Batzel, born May 4, 2002, Autumn G. Batzel, born February 8, 2005 and Savannah W. Batzel, born September 10, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. During the school year, Mother shall have primary physical custody of the children. 3. During the school year, Father shall have the following periods of partial physical custody: A. Three overnights per week to coincide with his two days off. Father shall be responsible for getting the children to school two mornings per week but on the third morning if it is a school day, the parties shall meet at the West Pennsboro Park. B. One every per week at Father's discretion from 3:00 p.m. or after school to 7:00 p.m. Father shall give Mother at least 24 hour notice of the day. 4. During the summer, the parties shall share physical custody of the children. For Week 1 Father shall have three overnights and for Week 2, Father shall four overnights. For both weeks Father's overnights shall coincide with his days off, the fourth overnight to be added at the end of Father's period of physical custody. Pick up time for Father shall be 3:00 p.m. at the start of his custodial period and 7:00 p.m. at the end of his custodial period. Holidays: A. Easter, July 4t" and Thanksgiving shall be alternated from 8:00 a.m. to 6:00 p.m. Mother shall have physical custody of the children on July 4I' in 2010 and Father shall have physical custody of the children on Easter and Thanksgiving in 2010. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from 12:00 noon on Christmas Day to December 26 at 12:00 noon. Mother shall have physical custody of the children for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the children for Block A in odd numbered years and Block B in even numbered years. C. The parties shall share physical custody of the children on trick or treat night with both parties taking the children trick or treating from 6:00 p.m. to 8:00 p.m. D. Each party shall have physical custody of the children for up to seven (7) consecutive days of vacation provided they give the other party thirty (30) days notice E. Mother shall have physical custody of the children for Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have physical custody of the children for Father's Day from 8:00 a.m. to 6:00 p.m. 6. Transportation shall be shared such that the parties shall exchange physical custody at the West Pennsboro Park, except when either party exercises the babysitting clause, in which case they shall be responsible for all transportation. 7. Each party shall keep the other apprised of any and all matters relating to the children's health, education, welfare and activities. 8. Each party shall be responsible for the day-to-day decisions while he or she has custody of the children. Neither party has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). Any decisions regarding medical treatment (other than emergency treatment) to be rendered to the children shall be made jointly. 9. In the event that either party is in need of a babysitter for the children for two hours or more, they shall give the other party the option of having the children during that time. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. No modification shall be enforceable unless it is in writing and signed by both parties. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M.L. Ebert, Jr., J. V111, cc: Harold S. Irwin, III, Esquire, Counsel for Father CMwjg-a Garrett Bouwer, certified legal intern, Counsel for Mother IV Pu ! if Megan Riesmeyer, Esquire, Family Law Clinic b Q JONATHAN E. BATZEL, Plaintiff V. AMBER E. BATZEL, Defendant PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-8834 CIVIL ACTION - LAW : IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jaden A. Batzel Autumn G. Batzel Savannah W. Batzel May 4, 2002 February 8, 2005 September 10, 2006 Mother Mother Mother 2. A Conciliation Conference was held in this matter on June 17, 2011, with the following in attendance: The Father, Jonathan E. Batzel, with his counsel, Harold S. Irwin. III, Esquire, and the Mother, Amber E. Batzel, with her counsel, Garret Brouwer, certified legal intern, and Megan Riesmeyer, Esquire, Family Law Clinic. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated February 1, 2010 providing for shared legal custody, Mother having primary physical with Father having three overnights per week. 4. The parties agreed to an Order in the form as attached. Date: L-1?? VV L V acq 'ne M. Verney, Esquire Custody Conciliator JONATHAN E. BATZEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ?'• : NO. 2009-8834 CIVIL ACTION - LAW AMBER E. BATZEL, : mCo Defendant : IN CUSTODY C- , cn• r ae CERTIFICATE OF SERVICE C-1) I, Anna Strawn, Certified Legal Intern, the Community Law Clinic, hereby certify tha t I am serving a true and correct copy of a Petition to Modify Custody Order on Jonathan E. Batzel, 52 Pitt St., Carlisle, PA 17013, by first class United States Mail. Date a Strawn Certified Legal Intern COMMUNITY LAW CLINIC 371 W. South St. Carlisle, PA 17013 717-243-2968 o- ?_1 JONATHAN E. BATZEL IN THE COURT OF COMMON PLEAS OF .a3 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN? vsr- V. rte--;, 2009-8834 CIVIL ACTION LAW C?o AMBER E. BATZEL. IN CUSTODY ` DEFENDANT ORDER OF COURT AND NOW, __ Monday, July 23, 2012 , upon consideration of the attached Compla it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the a at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 28, 2012 _ at 8: for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disl if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tern 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/ ac Ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Am( 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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. ?e ? Cp/YjMu/I t GC?Ld C11 M Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?j QD C.) - ciliator, AM or ed JONATHAN E. BATZEL, Plaintiff v. AMBER E. BATZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-8834 CIVIL ACTION - LAW IN CUSTODY -d3 r CERTIFICATE OF SERVICE y< s,., D F. 4 -< I, Anna Strawn, Certified Legal Intern, the Community Law Clinic, hereby certify that am serving a true and correct copy of the Order of Court on Jonathan E. Batzel, 52 N. Pitt St., Carlisle, PA 17013, by first class United States Mail. ate Anna Strawn Certified Legal Intern COMMUNITY LAW CLINIC 371 W. South St. Carlisle, PA 17013 717-243-2968 -r; 0 JONATHAN E. BATZEL, Plaintiff V. AMBER E. BATZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8834 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~'1~~ day of S 8 o T_ , 201' upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 21, 2011 shall remain in full force and effect with the following modifications. 2. The parties shall cooperate with therapeutic family counseling to be scheduled by Father. The parties shall share the cost of said counseling. 3. Father's girlfriend shall not transport the children. Father's girlfriend shall not partake in illegal drugs or use alcohol to the point of intoxication immediately before or during her periods of supervising the children. 4. Holidays: A. Easter, July 4th and Thanksgiving shall be alternated from 3:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. Mother shall have physical custody of the children on July 4th in 2012 and Father shall have physical custody of the children on Easter and Thanksgiving in 2012. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 3:00 p.m. to Christmas Day at 3:00 p.m. and Block B shall be from 3:00 p.m. on Christmas Day to 3:00 p.m. on December 26. Mother shall have physical custody of the children for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the children for Block A in odd numbered years and Block B in even numbered years. C. The parties alternate Trick or Treat night from 6:00 p.m. to 8:00 p.m. with Mother having physical custody of the children in even numbered years and Father having physical custody of the children in odd numbered years. r D. Each party shall be physical custody of the children for up to seven (7) consecutive days of vacation provided they give the other party thirty (30) prior written notice. E. Mother shall have physical custody of the children on Mother's Day from 3:00 p.m. the day before to 6:00 p.m. the day of the holiday. Father shall have physical custody of the children on Father's Day from 3:00 p.m. the day before to 6:00 p.m. the day of the holiday. 5. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. No modification shall be enforceable unless it is in writing and signed by both parties. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for October 2, 2012 at 9:30 a.m. BY THE COURT, M.L. Ebert, Jr., J. cc'~Anna Strawn, certified legal intern, Counsel for Mother ~ `~ ~: `~' Megan Riesmeyer, Esquire, Community Law Clinic ~ ~,~.f / Sean Shultz, Esquire, Counsel for Father ~~ "~ ~~~ .~- P~ ~s w~ ~l~d q/N~ m~, -~ -,~', ~~, . ia zQ ~~ z w ~~-~ ~~~' ,~ --~ -~ ~- • JONATHAN E. BATZEL, Plaintiff V. AMBER E. BATZEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8834 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jaden A. Batzel May 4, 2002 Mother Autumn G. Batzel February 8, 2005 Mother Savannah W. Batzel September 10, 2006 Mother 2. A Conciliation Conference was held in this matter on August 28, 2012, with the following in attendance: the Mother, Amber E. Batzel, with her counsel, Anna Strawn, certified legal intern, and Megan Riesmeyer, Esquire, Family Law Clinic and the Father, Jonathan E. Batzel, with his counsel, Sean Shultz, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated June 21, 2011 providing for shared legal custody, Mother having primary physical with Father having three overnights per week during the school year and shared physical custody during the summer. 4. The parties agreed to an Order in the form as attached. Date: ac eline M. Verney, Esquire Custody Conciliator