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HomeMy WebLinkAbout10-3623njE.t}-'?? i`r°",?E T ()rr(,1 nit jug -2 NTY CUrr?}r'???j cvLviix Smigel, Anderson & Sacks, LIT Ann V. Levin, Esquire ID #70259 James R. Demmel, Esquire ID 490918 4431 North Front Street, T' Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevinAsasllp.com idemmel<a sasllp.com Attorneys for Plaintiff MICHAEL BURKE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. /6,36,,73 DARA KAY BURKE, DEFENDANT CIVIL ACTION - CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Michael Burke, by and through his counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Emergency Petition for Special Relief and in support thereof avers as follows: 1. Plaintiff is Michael Burke, hereinafter "Father," who resides at 5840 Spring Tree Court, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Dara Kay Burke, hereinafter "Mother," who resides at 6 Rockledge Court, Carlisle, Cumberland County, Pennsylvania 17015. 3. Mother and Father are the natural parents of Ryan Thomas Burke, born March 31, 2009 (hereinafter "the minor child") 9- '70, 60/1°t '- X ck !5-"d Y6 4. Father filed a Custody Complaint on June 2, 2010, simultaneously with the filing of this Emergency Petition for Special Relief. 5. On June 1, 2010, Mother vacated the marital residence with the minor child without notice to Father. 6. Father and Mother have engaged in joint counseling where it was revealed to Father that Mother is emotionally unstable. 7. Father believes that Mother's emotional instability is affecting her judgment and ability to care for the minor child, placing the minor child in danger. 8. Father fears for his child's safety while in Mother's care. 9. Mother has refused to speak with Father directly and has only provided text messages indicating the minor child is fine and her attorney should be contacted. 10. Mother has indicated, through a letter from her counsel provided to Father after her departure, that the minor child would not be at day care for the "foreseeable future" and that Mother was taking "time off from work." Mother works full-time. 11. Husband's counsel's phone call to Mother's counsel's office has not yet been returned. 12. The minor child is only 15 months old and has incurred injuries and been poorly supervised while in Mother's immediate care, while the parties resided together. a. The minor child sustained a head injury due to hitting a sharp corner on a wall in an unsupervised area. b. The minor child was permitted into an inappropriate area for infants and his head slammed onto a floor, resulting in serious swelling and a doctor visit. C. The minor child was again permitted into a room inappropriate for infants and pulled a table cloth, table items fell all around him. 13. Father has provided for a significant part of the hands on care for the minor child since birth. Mother has never bathed the child by herself. 14. Mother has failed to act in the best interests of the minor child by disrupting his daily routine and depriving him of regular care and love of Father. 15. Mother did not take any of the minor child's belongings, including his medicine, crib, stroller, feeding station or food, with her when she left. WHEREFORE, Plaintiff, Michael Burke, respectfully requests that this Honorable Court enter an order providing him with primary physical custody of the child pending a custody conciliation conference. Date: James R. Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff Respectfully Submitted, SMIGEL, NDERSON & SACKS, LLP Z:?? U By: Ann V. Levin, Esquire I.D.#: 70259 Smigel, Anderson & Sacks, LLP Ann V. Levin, Esquire ID #70259 James R. Demmel, Esquire ID #90918 4431 North Front Street, and Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(asasllp.com jdemmelg_sasllp.com Attorneys for Plaintiff MICHAEL BURKE, PLAINTIFF V. DARA KAY BURKE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Emergency Petition for Special Relief on counsel for Defendant by placing same in the U.S. Mail, First Class, postage paid on the 2"d day of June, 2010, addressed as follows: MARIANNE RUDEBUSCH, ESQUIRE 4711 LOCUST LANE HARRISBURG, PA 17109 SMIGEL, ANDERSON & SACKS, LLP By: V Ann V. Levin, Esquire I.D.#: 70259 James R. Demmel, Esquire I.D. #: 90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I, Michael Burke, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Michael Bu e ~/ MICHAEL BURKE, Plaintiff v. DARA KAY BURKE, Defendant Prior Judge: Albert Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3623 CIVIL ACTION LAW : IN CUSTODY ~ r~ c: ~ ~. ~+ 7 ~,, -;~-;~ ~; cv ^~.. ~, ~ c~_. r-- ORDER OF COURT c~ 4 ~ ~ ~~ AND NOW this D day of July 2010, upon consideration of the attached<~~t~stod~- 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. Furthermore, the custody action initiated under docket number 2010-3774 is hereby CONSOLIDATED under custody action docket number 2010-3623. 2. Legal Custody: The Father, Michael Burke, and the Mother, Dara Kay Burke, shall have shared legal custody of Ryan Thomas Burke, born 03/31/2009. 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 with Father having 6/14 overnights during a two week period; in the absence of agreement on how to set this situation up, the parties shall adhere to the following: a. In week one, Father shall have physical custody of Ryan from Monday afternoon until Tuesday morning, Mother shall have custody Tuesday afternoon until Friday morning, and then Father from Friday afternoon until Monday morning. b. In week two, Mother shall have custody from Monday afternoon until Wednesday morning, Father has custody from Wednesday afternoon until Friday morning and Mother has custody from Friday afternoon until Monday morning. c. In the absence of agreement otherwise, the custody exchanges shall be at Ryan's day care. When there is no day care, the parties have agreed to make arrangements between themselves for the exchanges. 4. Right of first refusal: In the event that the custodial parent should require acare- taker/babysitter (excluding regular day care) for the Child a period of time in excess of six hours, the custodial party shall first offer said opportunity to the non-custodial parent. Custody Evaluation: The parties have agreed to, and shall, engage in a custody evaluation with an agreed upon professional. In the absence of agreement, the parties shall utilize Riegler Shienvold and Associates. The cost of said evaluation shall be split between the parties. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. Each parent shall have one week (seven overnights) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. Once the custody evaluation has been completed, the parties are authorized to contact the assigned conciliator directly to schedule a status conference, if the parties feel it is necessary. 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. By the Court, J Distribution: /~ Levin, Esq., 4431 North Front Street, 3rd Flr., Harrisburg, PA 17110-1778 /M~'anne Rudebusch, Esq., 4711 Locust Lane, Harrisburg, PA 17109 /J~~o77h_~n J. Mangan, Esquire 7/~lto ~,/~'1 Regular Physical Custody Schedule ("M" is Mom and "D" is Dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D D M M M M D D D D M M M D D D M M M HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 pm Father Mother Easter Day 2n Half From 3 pm until 9 m Mother Father Memorial Da From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 m Father Father MICHAEL BURKE, Plaintiff v. DARA KAY BURKE, Defendant Prior Judge: Albert Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3623 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 Ryan Thomas Burke 03/31/2009 Currently in the Custody of Father and Mother 2. A Conciliation Conference was held with regard to this matter on June 30, 2010 with the following individuals in attendance: The Mother, Dara Burke, with her counsel, Marianne Rudebusch, Esq. The Father, Michael Burke, with his counsel, Ann Levin, Esq. 3. This Honorable Court issued an Order dated June 10, 2010. The parties to this action have recently separated as of June O1, 2010. Father indicates that he had no advance notice of Mother leaving and that he came home from work one day and Mother and Child were gone. Father indicates that prior to June 2010, he was very involved with the upbringing of Ryan and he is upset that Mother unilaterally left and that she has dictated when and how often he gets to see the Child. Father is very concerned that Mother has created a "status quo" for three and a half weeks and that now he is in a situation where he does not have quite a 50/50 shared physical custody situation; which is what he desires at the very least. Father was also upset that Mother removed the Child from his established day care. The day care is just a few minutes from the marital residence where Father resides. However, this day care issue appears to be a non-issue in that Mother has re-enrolled the Child in the day care. Mother lives in Carlisle but is able to take the Child to day care on her days because her employment is relatively close by the day care. From Mother's perspective, Mother indicates that she was in an untenable position living with Father and that she needed to move in with her mother in the fashion that she did. Mother indicates that both she and the Father are very good parents. Mother indicates that she is willing to facilitate a relationship between Father and Child, but is uncertain whether Father would do the same for her. Mother asserts that Father is controlling and that she is able to provide Ryan with a stable environment. Mother desires to have "primary" custody but is willing to try a situation whereby Father has 6/14 overnights and Mother has 8/14 overnights. Both parties did agree to engage in a custody evaluation and come back to conciliation once the evaluation has been completed. 4. The parties agreed to the entry of an Order in the form as attached. ,~_ Date ~ John ,Esquire Cust dy C nciliator MICHAEL BURKE, Plaintiff V. DARA KAY BURKE, Defendant Prior Judge: Albert Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3623 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ?Huc? AND NOW this day of.ebrttary?L612, upon consideration of the attached Custody Conciliation Report, it is?and Directed as follows: 1. The instant matter is generally continued until an updated custody evaluation has been completed. The parties have the right to directly contact the assigned conciliator to schedule a conference when the update has been completed. 2. Legal Custody: The Father, Michael Burke, and the Mother, Dara Kay Burke, shall have shared legal custody of Ryan Thomas Burke, born 03/31/2009. 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 with Father having 6/14 overnights during a two week period; in the absence of agreement on how to set this situation up, the parties shall adhere to the following: a. In week one, Father shall have physical custody of Ryan from Monday afternoon until Tuesday morning, Mother shall have custody Tuesday afternoon until Friday morning, and then Father from Friday afternoon until Monday morning. b. In week two, Mother shall have custody from Monday afternoon until Wednesday morning, Father has custody from Wednesday afternoon until Friday morning and Mother has custody from Friday afternoon until Monday morning. C. In the absence of agreement otherwise, the custody exchanges shall be at Ryan's day care. When there is no day care, the parties have agreed to make arrangements between themselves for the exchanges. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care) for the Child a period of time in excess of six hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. Custody Evaluation: The parties have agreed to, and shall, engage in an updated custody evaluation with Riegler Shienvold and Associates. The cost of said updated evaluation shall be borne by Father. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 8. Each parent shall have one week (seven overnights) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. Once the custody evaluation has been completed, the parties are authorized to contact the assigned. conciliator directly to schedule a status conference, if the parties feel it is necessary. 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. Distribution: ? Kara Haggerty, Esq. Marianne Rudebusch, Esq., 4711 r/ John J. Mangan, Esquire 9Pe!s ma .le-cf 1.1111) Avv By the Court ?' , - Fri .? CD r ? Locust Lane, Harrisburg, PA 17109 _ `-!T Regular Physical Custody Schedule ("M" is Mom and "D" is Dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M D I D M M M M D D D D M M M D D D M M M HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 pm Father Mother Easter Day 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Inde endence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father MICHAEL BURKE, Plaintiff V. DARA KAY BURKE, Defendant Prior Judge: Albert Masland, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3623 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: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Ryan Thomas Burke 03/31/2009 Currently in the Custody of Father and Mother 2. A Conciliation Conference was held with regard to this matter on June 30, 2010, an Order issued July 08, 2010, a custody evaluation was completed the end of 2010 with recommendations made and a petition to modify was filed so a telephonic conference was held 01/19/12 with the following individuals in attendance: The Mother, Dara Burke, with her counsel, Marianne Rudebusch, Esq. The Father, Michael Burke, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Z 9/n Date John Xi/ngan, Esquire Cus dy onciliator MICHAEL BURKE, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 34x3 NO. 2010 371 bARA K. BURKE, Defendant :CIVIL ACTION -CUSTODY URDER FUR PARENTING COC3RUINATIUN AND NOW, the above-captioned Parties agreeing and the Court finding that it is in the best interest of the child, RYAN BURKE, DOB 3/31/2009, that a Parenting Coordinator be appointed to assist the parties in implementing the custodial arrangement set. forth in the Custody Order dated September 18, 2012, in resolving related pazenting issues, and to teach the parties how to effectively and appropriately co-parent, the following is STIPULATED AND ORDERED: 1. APPOINTMENT AND TERM: Melissa P. Greevy, Esquire, is appointed as the Parties' Pazenting Coordinator for a term of six (6) months, or until the resignation of the Parenting Coordinator or termination of the appointment by the Court, whichever first occurs. The Pazenting Coordinator's Terms of Engagement are attached hereto and are incorporated into this Appointment Order. The Court shall have authority to sanction a party for non-compliance with the Pazenting Coordinator's Terms of Engagement. Legal counsel for MICHAEL BURKE shall provide copies of all Orders, Pleadings and Custody Evaluations in this case to the Pazenting Coordinator within ten (10) days of the date hereof. 2. ROLE OF THE PARENTING COORDINATOR: A. Pazenting Coordination involves two components: 1) The Pazenting Coordinator shall attempt to resolve issues arising out of the custody order/court approved agreement/pazenting plan through facilitation, mediation, consultation, coaching and education, all of which are non-decision-making functions; ~. 2) If it is apparent to the Parenting Coordinator that continued similar efforts are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve the dispute by providing a Decision for the parties on the issue(s). B. The Parenting Coordinator will not function as the psychotherapist, counselor, attorney or advocate for the parties, or the parties' child, or family. However, the Parenting Coordinator is permitted and encouraged to facilitate communication and agreement between the parties whenever possible, and shall always act in a manner conducive to the best interests of the child. 3. PARENTING COORDINATOR'S AUTHORITY: The Parenting Coordinator, in order to implement the custodial arrangement set forth in the Custody Parenting Plan/Order and resolve related parenting issues about which they do not agree, is authorized to make decisions about issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule as set forth in the current Custody Parenting Plan/Order; D. School issues, apart from school selection; E. Child's participation in recreation, enrichment, and extracurriculaz activities, programs and travel; F. Financial issues related to child's activity fees or other expenses related to custody and not covered by a support order. G. Child-care arrangements; H. Clothing, equipment, toys and personal possessions of the child; I. Behavioral management of the child; J. Information exchange (school, health, social, etc.) and communication with or about the child; K. Coordination of existing or court-ordered services for either of the parties or child (e.g. Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting class, etc.); __ _. _ _ __,__ ,~ r _ .. _ _ --- L. Other related custody issues that the parties mutually agree, in writing, to submit to their Parenting Coordinator. 4. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY: A. The following specific issues are excluded from the Parenting Coordinator's decision-making authority, except as provided in subpazagraph (B) herein below: 1) A change in Legal custody decision-making authority set forth in the Custody Parenting Plan/Order; 2) A change in primary physical custody (residential parenting time) set forth in the Custody Parenting Plan/Order; 3) A change in the Court-ordered custody schedule (parenting time) that substantially reduces or expands the child's time with one or both parties; 4) A change in the geographic residence of the child's (relocation) that would render implementation of the current Custody Parenting Plan/Order impossible or impracticable; 5) Determination of financial issues, other than allocation of the Parenting Coordinator's fees. B. The Parties and the Parenting Coordinator may mutually agree in writing to submit any of the excluded issues to the Parenting Coordinator for a Decision. 5. NON-CONFIDENTIALITY OF COMMUNICATIONS: No communications of the parties and/or their lawyers with the Parenting Coordinator are confidential. The Parenting Coordinator may communicate in writing with the Court regarding any matter, and shall send contemporaneous copies of any such communication to legal counsel for the parties (or the parties, if pro-se). 6. SOURCES OF INFORMATION: Each party shall provide the Parenting Coordinator with all information that the Parenting Coordinator requests, including signed HIPAA releases and other forms requested. The Pazenting Coordinator is authorized to contact any professional or other individual as the Parenting Coordinator deems necessary (e.g. the children, therapists, physicians, childcare providers, teachers, family members, etc.). 7. COMMUNICATION WITH THE PARENTING COORDINATOR: A. Protocol: ~. _ __ ,. _ __ ___ ____T _ ~ __ ~._ __ The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the children), and whether the sessions will be conducted in person or by other means. Where domestic violence or abuse, as defined under 23 Pa. C.S. § 6102, is alleged, the protocols should include measures addressing the safety of all participants, unless the Court deems the measures unnecessary. B. Oral and Written Communications with the Parenting Coordinator: The parties and their attorneys shall have the right to receive, but not to initiate, oral ex- parte (one-sided) communications from the Parenting Coordinator, but the fact of such communication shall be known to the other party. Any party or legal counsel may communicate in writing with the Parenting Coordinator provided a copy is sent to the other party simultaneously. Any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be made available to the other party or his/her legal counsel for inspection and copying. In accordance with .Paragraph 5 hereinabove, no such communications are confidential. C. Written Communications Between the Parenting Coordinator and Appointing Judge: (1) The Parenting Coordinator may initiate written communication with the Appointing Judge, and shall contemporaneously send copies to the parties' and their attorneys. (a) in the event ofnon-compliance of a party with any provision of this Appointment Order (including provisions relating to the compensation of the Parenting Coordinator); and/or (b) detailing the Parenting Coordinator's reasons for withdrawing from service in the case. (c) Absent consent of the parties or an emergency affecting the child's health or welfare, any communication from the Parenting Coordinator to the Judge shall be in writing, and shall be copied simultaneously to legal counsel for the parties (or the parties, if pro se). If the Parenting Coordinator has communicated orally with the Court on an emergency basis the Parenting Coordinator promptly shall communicate in writing to legal counsel for the parties (or the parties, if pro se) the substance of the oral communication. 8. PARENTING COORDINATION DECISION-MAKING PROCESS: A. Prior to the Parenting Coordinator making a Decision, the Parenting Coordinator shall provide a notice and opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and/or the child. In the event a party is given advance written notice of a sessn but does not attend, the Parenting Coordinator may make a Decision despite that party's absence. B. Agreements: 1) Agreements reached by the parties shall be reduced to writing and maybe filed in the Prothonotary's Office at the parties' custody docket by the Parenting Coordinator. C. Decisions: 1) The Parenting Coordinator's Decisions may be communicated to the parties orally, but must be confirmed to the parties in writing a soon as practicable. When appropriate the Parenting Coordinator shall file a Decision with the Prothonotary's Office at the parties' above-captioned custody docket. Written Decisions shall include brief relevant factual findings and rationale. 2) The Parenting Coordinator's Decisions shall be binding upon the parties unless and until revised by Court Order. 9. JUDICIAL REVIEW: A. Review of Decisions: Any party seeking judicial review of a Parenting Coordinator's Decision must file a Petition for de novo hearing within 20 days of the written Decision, specifically stating the issue(s) and attaching a copy of the Decision. The Petition must be served on the other party(ies) and Parenting Coordinator in accordance with the Rules of Civil Procedure. The hearing before the Court shall be de novo. The Court shall hear the case on the record, and shall render a decision within the time periods set forth in Rule 1915.4. B. New Court Proceedings: Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the child within the scope of the Parenting Coordinator's authority, the parties shall participate in no fewer than two sessions with the Parenting Coordinator to attempt resolution of the specific disputed issue(s) (and to perrMit a Decision to be made to the extent authorized by Paragraph 3 hereinabove). ~~ . C. The procedures set forth in this Section are mandatory, and may not be waived by the parties. 10. QUASI-JUDICIAL IMMUNITY: The Court-appointed Parenting Coordinator is an Officer of the Court has quasi judicial immunity and as such the Parenting Coordinator cannot be sued based on his/her actions performed within the scope of this Custody Appointment Order. 11. CHILD ABUSE REPORTING: The Parenting Coordinator is a person required to report suspected child abuse pursuant to 23 Pa. C.S.A. §6311. 12. TESTIMONY: The Parenting Coordinator cannot be compelled to testify in any proceeding absent a Court Order. In the event the Parenting Coordinator elects or is required to testify, he/she shall be compensated commensurate with his/her rate by one or both of the parties as the Court deems appropriate. 13. ALLOCATION OF FEES: The parties will share the obligation to pay the fees of the Parenting Coordinator: 50% Mother, 50% Father. Fees may be reallocated by the Court or the Parenting Coordinator if he/she determines that one party has disproportionately caused the need for the service. The Parenting Coordinator may, in his/her discretion charge parties for missed sessions or sessions cancelled less than twenty-four hours prior to the scheduled session. 14. TERMINATION/WITHDRAWAL OF PARENTING COORDINATOR: A. Neither party may unilaterally terminate the Parenting Coordinator's services without Court approval, nor may the parties do so by mutual agreement without Court approval. B. The Parenting Coordinator may withdraw from service at any time, upon ten days' written notice to all counsel of record for the parties (or the parties, if pro se), and the Court. C. Dissatisfaction with the Parenting Coordinator's Decisions is not grounds for termination. The opposing party and Parenting Coordinator shall be given notice of any petition for termination. The Court may rule on the petition(s) submitted, or may schedule argument or an evidentiary hearing. 15. ACCEPTANCE: a A. The parties acknowledge that each has reviewed this Appointment Order and had the opportunity to consult with legal counsel. B. Each party shall fully cooperate with the Parenting Coordinator in compliance with this Appointment Order. SIGNATURES: Mother: ~~~ ~ . ~ U.~.~~Z Date: ~ d ~ 2-(.y ~ I ~... Attorney for Mother: Father: Date: ~ 0 ~? J ~ ~. Date: d O Date: for Father: 16. This Appointment Order shall not be effective until accepted by the Parenting Coordinator as evidenced by his/her signature below: I agree to my appointment as the Parenting Qbordinato~ fpr the parties as set forth above. ~`~ ~ ~ Date Parenting Coordin or ORI}ER The above Appointment for Parenting Coordination is entered as a Court Order. SO ORDERED BY THE COURT: f ` ~. Date Distribution: / For the Plaintiff: Kara W. Haggerty, Esquire /~/For the Defendant: Marianne Rudebusch, Esquire ~/ Parenting Coordinator: Melissa P. Greevy, Esquire C~v ~ ~s ~,.`~e~ ~r ~9/~a Albert H. Masland, ~. ~, ..-+ - ~ ~~ ~m 1 C3 C ~y =Q 3 ''~ Z X ~.. Q -c ~ -~ ,g~c,