Loading...
HomeMy WebLinkAbout10-3585JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 4076 Market Street Camp Hill, PA 17011 717-695-2222 / 717-695-2207 FAX BRIAN KAN V. KRISTI HARMON LED-OFKE (Yr- Ti E MT?MTARY 2010 JUN -I PM 3: 0.1 Attorney for m) COLM 'VW IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA :NO. Ic) - X585 Ct v i i Term CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Brian Kan, residing at 303 E. Main Street, Cumberland County, Shiremanstown, PA. 2. The Defendant is Kristi Harmon, residing at 246 Cumberland Road, Cumberland County, Camp Hill, PA 17011. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE DOB Brian P. Kan 246 Cumberland Rd., Camp Hill, PA 4 years 10/26/05 Macie R. Kan 246 Cumberland Rd., Camp Hill, PA 2 years 02/11/08 The children were born out of wedlock. The children are presently in the custody of the Defendant/Mother, who resides at 246 Cumberland Road, Camp Hill, PA. During the past five (5) years, the children has resided with the following persons and at the following addresses: #1,7q. oo PO ATrY log1 P, a,4 a 933 NAME RESIDENCE DATE Brian Kan 237 Cumberland Road Date of birth (Brian) Kristi Harmon Camp Hill, PA to July 2007 Brian Kan 246 Cumberland Road July 2007 to present Kristi Harmon Camp Hill, PA The mother of the children is the Defendant, Kristi Harmon, currently residing at 246 Cumberland Road, Camp Hill, PA. She is single. The father of the children is Plaintiff, Brian Kan, currently residing at 303 E. Main Street, Cumberland County, Shiremanstown, PA. He is single. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Gissele Mullen-Lujan Cousin 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Subject children Son and daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Until May 22, 2010, Plaintiff and Defendant resided together with the subject minor children. B. Plaintiff/Father enjoys a close loving relationship with the subject minor children. C. It is in the children's best interests to establish a defined custodial arrangement, including shared legal custody and a defined physical custody schedule. 8. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children. el </ Dated: May , 2010 Respectfully submitted, JOHN F. KING LAW, P.C. F. King, Esquir 4076 Market Street Camp Hill, PA 17011 Attorney for Plaintiff VERIFICATION I, Brian Kan, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. n ria Kan Dated: May c 11_, 2010 JUL 0 i 2010 BRIAN KAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-3585 CIVIL ACTION LAW • ~ ^; __J C "{ KRISTI HARMON - `- = ~ f ~' Defendant IN CUSTODY " ' ~ "~ ~; ~ `-' cx~ - : ,... __: ORDER OF COURT r~~ - .. ~1yy AND NOW, this ~~ day of ~~ t y _ _, 2010, upon consideration of the attached Custody Conciliation Report, it is orc~kred and directed as follows: 1. The Father, Brian Kan, and the Mother, Kristi Harmon, shall have shared legal custody of Brian P. Kan, born October 26, 2005, and Macie R. Kan, born February 11, 2008. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties agree that it is their goal to ultimately establish a custody arrangement which will maximize both parents' time with the Children but that such a plan should be implemented gradually to meet the Children's needs. The parties agree to obtain advice and guidance from their son's behavioral consultant in progressing toward this custodial goal in a manner that will promote the Child's adjustment and wellbeing. The parties shall arrange a conference call with Amy Jacobs to schedule a joint meeting to establish a plan for gradually increasing the Father's time with the Children from the current interim schedule through the final goal of a more shared arrangement. The parties shall then cooperate in consulting with Ms. Jacobs as necessary to continue the gradually increasing implementation of the parenting schedule. 3. Until such time as the parties receive input from Amy Jacobs as to their son's adjustment needs with regard to the schedule, the Father shall have custody of the Children, at a minimum, on alternating weekends beginning July 10, 2010, from Saturday at 8:30 a.m. through Sunday at 10:00 a.m. and every Tuesday from 4:00 p.m. until 8:00 p.m. The parties may make arrangements for additional time for the Father by agreement or make adjustments to the schedule by mutual agreement. 4. The parties shall share having custody of the Children on holidays as arranged by agreement. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 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. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -~~~ cc: " J F. King, Esquire -Counsel for Father Samuel L. Andes, Esquire -Counsel for Mother w ~ ~ /~~~ 7 g/`v w BRIAN KAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-3585 KRISTI HARMON CIVIL ACTION LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian P. Kan October 26, 2005 Mother Macie R. Kan February 11, 2008 Mother 2. A custody conciliation conference was held on July 2, 2010, with the following individuals in attendance: the Father, Brian Kan, with his counsel, John F. King, Esquire, and the Mother, Kristi Harmon, with her counsel, Samuel L. Andes, Esquire. 3. The Father indicated that his ultimate goal was to have custody of the Children at least three days each week and that he is willing to gradually work toward that goal especially in light of Brian's special needs. The Mother expressed her agreement with the Father's expectation and her willingness to cooperate with him in obtaining the advice and guidance of Brian's behavioral consultant in determining how to implement such a schedule in a manner that promotes the Child's adjustment and well-being. 4. The parties agreed to entry of an Order in the form as attached. a~ anrc~ ''~ Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN KAN PLAINTIFF V. KRISTI HARMON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 28, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055_ on Thursday, October 28, 2010 at 12:00 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2010-3585 CIVIL ACTION LAW By: /s/ Dawn S. Sunda Es q, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 0/2 9/ 11 __ 0 Cumberland County Bar Association C) 32 South Bedford Street :? o - _,K Carlisle, Pennsylvania 17013 c:O M cn M Telephone (717) 249-3166 r'o C D NOV 0 2010 BRIAN KAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C) vs. 2010-3585 CIVIL ACTION LAW ° - KRISTI HARMON, Defendant IN CUSTODY X ORDER OF COURT CO AND NOW, this day of 0 ',?171?.e-- 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 8, 2010 shall continue in effect as modified by this Order. The parties shall contact their son's behavioral consultant to determine whether she is able and available to attend a follow-up conference to provide input regarding Brian's needs as related to the parties' discussions of parenting arrangements for him. If the behavioral consultant is available and able to attend' a follow-up conference, counsel for either party or a party pro se may contact the conciliator within 60 days of the date of this Order to reconvene the conciliation conference. 2. Pending the follow-up conference or further Order of Court or agreement of the parties, the Father shall have custody of the Children every weekend from Friday at 4:00 p.m. through Sunday at 10:00 a.m. and every Tuesday from 4:00 p.m. until 8:00 p.m. The parties may make, adjustments to this schedule by mutual agreement. 3. The Mother shall have custody of the Children for Thanksgiving Day in 2010 and the Father shall have custody for the holiday from the Friday after Thanksgiving at 9:00 a.m. through his regular weekend period of custody. 4. The Christmas holiday in 2010 shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 10:00 a.m. and Segment B, which shall run from Christmas Day at 10:00 a.m. through December 26 at 10:00 a.m. The parties shall determine by agreement which part of the Christmas holiday each parent will have with the Children. If the parties are unable to agree, the Mother shall select the segment of Christmas on which she would like to have custody in 2010. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Masland J. cc: i Harmon - Mother Ding, Esquire - Counsel for Father JF. ?? Quo BRIAN KAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. KRISTI HARMON Defendant 2010-3585 CIVIL ACTION LAW IN CUSTODY Prior Judge: Albert H. Masland CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Brian F. Kan October 26, 2005 Macie R. Kan February 11, 2008 2. A custody conciliation conference was held on October 28, 2010, with the following individuals in attendance: the Father, Brian Kan, with his counsel, John F. King, Esquire, and the Mother, Kristi Harmon, who is not represented by counsel in this matter. 3. The Father filed this Petition to Modify the prior Order dated July 8, 2010, which provided that the parties shall work with their son's behavioral consultant to establish a schedule which maximizes both parties' time with the Child in such a way as to meet the Child's special needs. 4. The Father indicated at the conference that the Child's behavioral consultant, Amy Jacobs, declined to provide the requested guidance advising that she did not have the necessary qualifications or authorization from her employer to do so. The Father's counsel subsequently consulted with the Child's treating physician, Arnold Benner. The Father's counsel advised that Dr. Benner indicated that increasing the Father's time with the Child would present no problems to the Child's needs with respect to his autism. The Mother, on the other hand, stated that Amy Jacobs, who has ongoing, regular contact with the Child, indicated that it would not be good for their son to bewith the Father for extended periods.. The Mother suggested instead that the Father come to her residence to spend time with the Child. The Mother was concerned that there is too much sensory stimulation at the Father's residence in which there are several people and pets present. 5. Several proposals were discussed to address the parties' concerns. The Father proposed that he have custody of both Children every week from Thursday through Sunday. The Mother proposed initially that the Father have custody from Friday at 4:00 through Sunday morning every weekend and every Tuesday from 3:30 until 8:00. It should be noted that the Mother advised the Father that she was withdrawing her proposal at the end of the conference when the discussions became heated. The Mother left the conference at that time for an appointment. 6. The possibility of having Amy Jacobs, the Child's behavioral consultant, attend a follow-up conference was discussed at length during the conference. The Mother believes that Ms. Jacobs would attend although the Father and his counsel expressed doubts about her willingness, or her ability to attend. The conciliator indicated that the schedule proposed by the Mother initially at the conference would be recommended for implementation pending a determination as to whether Amy Jacobs would be able to provide input if the conference reconvened. As it was unclear as to the timing of the follow- up conference at the time the Mother left, the Father provided a proposal for the upcoming Thanksgiving and Christmas holidays which provides for the Mother to have custody on Thanksgiving Day and also gives her the option to select which part of the. Christmas holiday she would like to have custody. 7. The conciliator recommends an Order in the form as attached. } -? loe"M Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN KAN PLAINTIFF V. KRISTI HARMON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2010-3585 CIVIL ACTION LAW r= t ,'.ate r G r- IN CUSTODY ORDER OF COURT AND NOW, Monday, June 20, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 26, 2011 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 permanent order. 'The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOIJ 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. Ile-i' ?C'o ??a, Ord ? fPPy tv a1 Xfd Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 T(?JI Telephone (717) 249-3166 Ae? BRIAN KAN V. KRISTI HARMON IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3585 CIVIL ACTION - LAW Defendant : CUSTODYNISITATION PREVIOUS CONCILIATOR: Dawn S. Sunday, Esq. PREVIOUS JUDGE: Hon. Albert H. Masland PRAECIPE TO WITHDRAW PETITION FOR MODIFICATION Kindly withdraw the Plaintiffs Petition for Modification of Custody, and so mark the docket. bAi'fuRfS-ufitt ed, X M C F CD F. King, Esq., A for laintiff5?r' - 3,c-, CD BRIAN KAN Plaintiff vs. KRISTI HARMON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-3585 CIVIL ACTION LAW Defendant : IN CUSTODY ORDER MCO m c . F ` ' r- `IM cn r rv -'? cr. - a -? AND NOW, this 25th day of July, 2011 , the conciliator, having been advised by the Plaintiff's counsel that the Father is withdrawing his Petition for Modification, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for July 26, 2011 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator BRIAN KAN PLAINTIFF V. KRISTI HARMON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C- ? 2010-3585 CIVIL ACTION LAW '0= rn r..3 - _4 - r - cn -- , IN CUSTODY l?'3 g_y ORDER OF COURT r.-n ?J w? AND NOW, Tuesday, March 13, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 17, 2012 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda 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 IPA ,rod cod y /cd ? , ?o??o-? defy .??A? .f?.?dd?y ?o?'c l ? y .?a? r•ea/ ? 3//y//t BRIAN KAN § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2010-3585 KRISTI HARMON § CIVIL ACTION - LAW Defendant § IN CUSTODY fJY ?Y °fi r SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT PUR f co 77. S7N'TC A RULE 1012(B)(2)(ii) -`'-+r c 7, PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Kristi Harmon. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Tabetha A. Tanner 3507 Market Street, Suite 303 Camp Hill, PA 17011 Date: Tabetha A. Tanner, Esquire PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant, Kristi Harmon. Date: Z ?2, Samuel Andes, Esquire BRIAN KAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 10- 35 85 VS. " a ''IVIL ACTION LAW KRISTI HARMON Defendant : IN CUSTODY ORDER OF COURT c AND NOW, this day of ,r1 ? 2012, upon consideration of the attached Custody Conciliation Repo, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. All costs of the evaluation shall be shared equally between the parties. The parties shall select the evaluator and contact the evaluator's office within 10 days of the date of the custody conciliation conference to schedule the initial sessions. 2. Each parent shall be entitled to have periods of vacation custody with the Children for two nonconsecutive weeks each summer upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. In the event either party intends to remove the Children from his or her residence for an overnight period or longer for vacation, that parent shall notify the other parent in advance of the address and telephone number where the Children can be contacted. 3. In the event either party is unavailable to provide care for the Children during his or her custodial time for a period of two hours or more, that parent shall first contact the other parent to offer the opportunity to provide care during the custodial parent's unavailability before contacting third party caregivers. 4. The parties shall ensure that the Children receive all scheduled vaccinations/boosters as recommended by each Child's physician. 5. The parties agree to initiate co-parenting counseling with a professional selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children and to promote the Children's emotional well-being. All costs of the co-parenting counseling shall be shared equally between the parties. 1 6. Within 60 days of receipt of the custody evaluator's written recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Masland J. -?, cc: John F. King Esquire - Counsel for Father ..Q3 ^' Tabetha A. Tanner Esquire - Counsel for Mother ?m ?'a rn r- ?S~ pa C COP' e6 C: I ?? -o rate ?t Y ^l • R ` Q0 777 -1 BRIAN KAN vs. KRISTI HARMON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2010-3588 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Albert H. Masland CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian F. Kan October 26, 2005 Mother Macie R. Kan February, 11, 2008 Mother 2. A custody conciliation conference was held on April 17, 2012, with the following individuals in attendance: the Father, Brian Kan, with his counsel, John F. King Esquire, and the Mother, Kristi Harmon, with her counsel, Tabetha A. Tanner Esquire. 3. The parties agreed to entry of an Order in the form as attached. 1-7 © r c3- 0-? Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN KAN • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2010-3588. CIVIL ACTION LAW • C) r.a KRISTI HARMON • <.� Defendant • IN CUSTODY rn ca > a , ----t < ORDER OF COURT r s s;r ry _a 94 Two AND NOW, this /a day of /4 efrf-i , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 8, 2010, November 8, 2010 and April 23, 2012 are vacated and replaced with this Order. 2. The Father, Brian Kan, and the Mother, Kristi Harmon, shall have shared legal custody of Brian Kan, born 2005, and Macie Kan, born in 2008. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made,the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. Beginning on November 14, 2013 and continuing through the first weekend following the last day of school in the 2013 -- 2014 school year, the Mother shall have custody of the Children from Monday after school through Tuesday before school, the Father shall have custody from Tuesday after school through Wednesday before school, the Mother shall have custody from Wednesday after school through Thursday before school and the parties shall alternate having custody of the Children on the weekends from Thursday after school through Monday before school. If there is no school for both Children or a Child is unable to attend school due to illness or otherwise, the parent who had custody of the Children during the preceding overnight shall retain custody and responsibility for care of the Children through 4:00 p.m. on that day. For all days on which there is no school and therefore the custody exchange cannot take place at school, the parties shall exchange custody of the Children at 4:00 p.m. This schedule shall begin with the Mother having custody of the Children on Thursday, November 14, 2013 for the beginning of the Mother's alternating weekend. B. Beginning on the first weekend after the last day of school for the 2013-2014 school year, and continuing thereafter on an ongoing basis,the parties shall have custody of the Children under a two-two-three custody schedule. Under this schedule, during Week I, the Father shall have custody of the Children from Monday at 4:00 p.m. through Wednesday at 4:00 p.m., the Mother shall have custody from Wednesday at 4:00 p.m. through Friday at 4:00 p.m., and the Father shall have custody from Friday at 4:00 p.m. through Monday at 4:00 p.m. During Week II, the Mother shall have custody of the Children from Monday at 4:00 through Wednesday at 4:00, the Father shall have custody from Wednesday at 4:00 through Friday at 4:00 and the Mother shall have custody from Friday at 4:00 through Monday at 4:00. The schedule shall begin with the parent who has custody under the regular alternating weekend schedule having custody on the first weekend after the end of the 2013-2014 school year. Thereafter the other parent shall begin the two-two-three schedule with having custody on Monday through Wednesday and rotating thereafter through the three different segments of each week. C. All exchanges of custody which do not take place at school shall take place at 4:00 p.m. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. Easter/July Fourth/Thanksgiving: The Easter, July 4th and Thanksgiving holidays shall be divided into Segment A, which shall run from 9:00 a.m. until 3:00 p.m. and Segment B, which shall run from 3:00 p.m. until 9:00 p.m., with the exception of the July 4th Segment B which shall continue until after the fireworks. In every year, the Mother shall have custody of the Children during Segment A for Easter, July 4th and Thanksgiving and the Father shall have custody of the Children during Segment B on those holidays. C. Memorial Day/Labor Day: The Memorial Day and Labor Day holidays shall run from 9:00 a.m. until 9:00 p.m. on the day of the holiday. In even numbered years, the Mother shall have custody of the Children for Memorial Day and the Father shall have custody for Labor Day. In odd numbered years, the Father shall have custody of the Children for Memorial Day and the Mother shall have custody for Labor Day. D. Trick or Treat: Each parent shall be entitled to have custody of the Children for Trick or Treat night in his or her neighborhood from 5:00 p.m. until 8:30 p.m. if the Trick or Treat nights are scheduled on different nights. In the event Trick or Treat falls on the same night in both neighborhoods, the parties shall alternate having custody of the Children with the Mother having the first alternating Trick or Treat night. E. Mother's Day/Father's Day: In every year, the Father shall have custody of the Children for Father's Day from 9:00 a.m. until 9:00 p.m. and the Mother shall have custody for Mother's Day from 9:00 a.m. until 9:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have vacation custody with the Children for up to two nonconsecutive weeks each summer upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each parent shall schedule his or her periods of vacation custody to include that parent's regular weekend period of custody. In the event either party intends to remove the Children from his or her residence for an overnight period or longer for vacation,that parent shall notify the other parent in advance of the address and telephone number where the Children can be contacted. 6. Unless otherwise agreed between the parties, the parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody. 7. The parties agree to select a licensed psychologist from the Children's insurance network of providers for the purpose of evaluating the impact of the current schedule on the Children and providing a report to the parents. The parties shall share responsibility for payment of the psychologist's costs which are not covered by insurance. 8. In the event either party is unavailable to provide care for the Children during his or her custodial time for a period of two hours or more that party shall first contact the other parent to offer the opportunity to provide care during the custodial parent's unavailability before contacting third party non-family caregivers. 9. The parties shall ensure that the Children receive all scheduled vaccinations/boosters as recommended by each Child's physician. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 11. 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. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 40011011 . '' Albert H. Masland J. cc: ✓J hn F. King Esquire—Counsel for Father ✓Tabetha A. Tanner Esquire—Counsel for Mother Co') 'es 172.4.1'L L /I f /f3 BRIAN KAN • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2010-3588' CIVIL ACTION LAW • • KRISTI HARMON Defendant : IN CUSTODY Prior Judge: Albert H. Masland CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Brian Kan 2005 Mother Macie Kan 2008 Mother 2. A custody conciliation conference was held on November 7, 2013, with the following individuals in attendance: the Father, Brian Kan, with his counsel, John F. King Esquire, and the Mother, Kristi Harmon, with her counsel, Tabetha A. Tanner Esquire. 3. The custody conciliation conference was held in this matter in April 2012 and an Order resulting from the parties' agreements at that conference was entered by the Court on April 23, 2012, providing for the parties to obtain a custody evaluation with Kasey Shienvold. The Order provided that either party could request a follow-up conciliation conference within 60 days of receipt of the written report of the evaluator. The evaluation report was received at the end of August 2013 and the Father's counsel requested this follow-up conciliation conference. 4. The parties agreed to entry of an Order in the form as attached. N,An �. a013 Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN KAN, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 3585 : No. 2010-21t5' } IN CUSTODY -0a) c/) r;�r Defendant rri rte, KRISTI HARMON, Li , PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE -< 0,-,yc3 �o -a c3 -,.", YZ CI .." Please withdraw the appearance of John F. King Law, P.C. on behalf of Piaintff, TO THE PROTHONOTARY: Brian Kan, in the above -captioned matter. Dated: 9/f[1/4L JOHN F. KING LAW, P.C. John F. King, Esqui Attorney I.D. No. 61 4076 Market St., Suite 100 Camp. Hill,PA 17011 (717) 695-2222 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of J. Paul Helvy and McNees Wallace & Nurick LLC - on behalf of Plaintiff, Brian Kan, in the above -captioned matter. McNEES WALLACE & NURICK LLC Dated: R 1 S ) y By aul Hely Attorney I 100 Pine Street P.O. Box 1166. Harrisburg, PA 17108-1166 (717) 237-5343 s. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via first-class mail, postage prepaid, upon the following: Dated: September 15, 2014 Tabetha A. Tanner, Esquire Tanner Barcavage, LLC 3507 Market St., Suite 303 Camp Hill, PA 170114310 helle Armour, Paralegal