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HomeMy WebLinkAbout04-3938MICHAEL E. FORRESTER, Plaintiff V. PAULEENA KEAST, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael E. Forrester, residing at 3050 Old Trail Road, D5, York Haven, York County, Pennsylvania 17370. 2. The Defendant is Pauleena Keast, residing at 432 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Savanna Keast 432 Hogestown Road 9/2/03 Mechanicsburg, PA 17050 The child was born out of wedlock. The child is presently in the custody of the Defendant/Mother. During the past five (5) years, the child has resided with the following persons IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 CIVIL ACTION - LAW CUSTODY and at the following addresses: NAME RESIDENCE DATE Pauleena Keast, 432 Hogestown Rd. maternal grandmother, Mechanicsburg, PA 17050 maternal grandfather, special needs individual 1 (maternal grandmother is caregiver), special needs individual 2 (maternal grandmother is caregiver) 9/2/03 to present The mother of the child is the Defendant, Pauleena Keast. She is single. The father of the child is the Plaintiff, Michael E. Forrester. He is single. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME Tracy Townsend Rebecca Lundquist Sarah Townsend Zachary Townsend RELATIONSHIP Fiancee Fiancee's child 1 Fiancee's child 2 Fiancee's child 3 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME Savanna Keast Mrs. Keast Mr. Keast Special needs individual Special needs individual RELATIONSHIP Daughter Mother Father Mother's ward Mother's ward 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The formation and continuance of a proper father/daughter relationship is in the child's best interest. B. The father is able and willing to care for the minor child. 8. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been maned a party to this action. WHEREFORE, Plaintiff requests the Court to grant partial custody of the child. Respectfully submitted, P. Date: JVl 6 N. Second Street nthouse Suite P.O. Box 984 Harrisburg; PA 17108 (717) 236-8000 Attorney for Plaintiff f/p:domestic\forrester.cus VERIFICATION I, Michael E. Forrester, hereby acknowledge that. I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Partial 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. 6a'la £" ar"U (. Michael E. Forrester Dated: d(,fA-d q fJ '? c ` `n ? JV ? u u? MICHAEL E. FORRESTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. 04-3938 CIVIL ACTION LAW PAULEENA KEAST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 19, 2004 it is hereby directed that parties and their respective counsel appea_' upon r before consideration P. Greee atEs hed Complaint, at 301 Market Street, Lemo ne, PA 17043 4 , the conciliator, on T Sepmer 09, 2004 for aPre-Hearing Custody Conference. At such conference PM at 1:00 , an effort will be'made tobesolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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/ Melissa P Cr ev Es__ o___-____mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply ith the accommodations Americans with Disa available bilites Act of 1990. For information about accessible facilities and reasownable 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 TELEEPHONE 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 o ,z Opv A0- i r-'s ,;- 44V A?;y fir hahro,? SEP 1 6 2004 V MICHAEL E. FORRESTER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3938 CIVIL TERM V. CIVIL ACTION - LAW PAULEENA KEAST, IN CUSTODY Defendant ORDER OF COURT AND NOW, this --,-V_ day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Michael E. Forrester and Pauleena Keast shall have shared legal custody of the minor child, Savanna Keast, born September 2, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her 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. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. Mother shall have primary physical custody of the child subject to Father's rights of partial custody, which shall be arranged as follows: A. Commencing on September 11, 2004, and September 12, 2004, from 10:00 a.m. until 4:00 p.m. B. Commencing on September 15, 2004, and September 22, 2004, from 5:00 p.m. until 7:00 p.m. NO. 04-3938 CIVIL TERM C. Commencing on September 25, 2004, at 10:00 a.m. through September 26, 2004, until 4:00 p.m. D. Commencing on September 29, 2004, on each Wednesday from Wednesday at 5:00 p.m. until Thursday at 5:00 p.m. E. Effective October 9, 2004, on alternating weekends from Saturday at 10:00 a.m. until Monday at 9:30 a.m. 3. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Alternating Holidays. The parties will alternate the following holidays, commencing with Father having custody for Thanksgiving, 2004: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. The custodial period for these holidays shall be from 9:00 a.m. until 5:00 p.m. B. Christmas. The parties shall share the Christmas holiday with an alternating A/ schedule. Segment A shall be from December 24 at noon until December 25 at noon. Segment B shall be from December 25 at noon until December 26 at noon. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. C. Savanna's Birthday. In the event that Savanna's birthday does not fall on Father's regular custodial time, Father shall be entitled to custodial time on either the day before or the day after her birthday. The specifics of this arrangement shall be worked out between the parties. 4. Vacation. Each parent shall be entitled to fourteen (14) days of custody for purposes of vacation, not more than eight (8) of which shall be consecutively arranged. The parties shall arrange their vacations to commence with their custodial weekends. This vacation shall occur between June 1 and September 1 of each year. The parties will provide each other thirty (30) days written notice of their intended vacation plans. 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. For 2005, Father's first vacation period will be from July 10, 2005, to July 18, 2005. NO. 04-3938 CIVIL TERM 5. Both parties shall have the right to reasonable the child during the other party's period of custody/visitation. telephone call to the non-custodial parent upon their reque interfere with the other party's telephone contacts with the make all reasonable efforts to promptly return calls or mes party regarding the child. telephone contact with The child may initiate a St. Neither party shall :hild. Each party shall sages left by the other 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. Dist: John F. King, Esquire, P.D. Box 984, Harrisburg, PA 17108 Melissa L. Van Eck, Esquire, 7800 A Allentown Boulevard, Suite B, Harrisburg, PA 17112?? ?6A °? MICHAEL E. FORRESTER, Plaintiff V. PAULEENA KEAST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3938 CIVIL TERM CIVIL ACTION - LAW 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Savanna Keast September 2, 2003 Mother 2. A Custody Conciliation Conference was held on September 9, 2004 following Father's Complaint for Custody filed on August 10, 2004. This was the parties' first Conciliation Conference. Attending the Conference were: the Father, Michael E. Forrester, and his counsel, John F. King, Esquire; the Mother, Pauleena Keast, and her counsel, Melissa L. Van Eck, Esquire. 3. The parties reached an agreement in the form of Order as attached. 1b /D Date - Melissa Peel Greevy, Custody Conciliator :235212 i MICHAEL E. FORRESTER, Plaintiff v. PAULEENA J. KEAST, Defendant : IK THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2004 - 3938 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY TO PERMIT RELOCATION NOW comes the defendant, PAULEENA J. KEAST, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody to permit relocation, representing as follows: 1. The petitioner is PAULEENA J. KEAST, an adult individual residing at 894 School House Lane, Lewisberry, York County, Pennsylvania 17339. 2. The respondent is MICHAEL E. FORRESTER, an adult individual residing at 3050 Old Trail Road, D5, York Haven, York County, Pennsylvania 17370. 3. The parties are the parents of a minor child, namely Savannah L. Keast (born September 2, 2003). 4. The child was born out of wedlock and has resided with the petitioner since the time of her birth. 5. The parties are subject to an Order of Court, dated September 20, 2004, providing for the legal and physical custody of the child. A copy of the Order is incorporated herein and attached hereto as Exhibit "A". 6. The present Order provides, inter alia, that the parties share legal custody of the child, that the petitioner has primary physical custody and that the respondent has periods of partial custody on every other weekend and on Wednesday, as well as on holidays and for 14 dyas in the Summer. 7. Petitioner is planning to be married and her fiance resides in Troy, New York, where he is employed as a chemical engineer. 8. Petitioner desires to relocate to Troy, New York in the near future and is prepared to provide alternative partial custody time for the respondent as follows: A. Every other weekend, from Saturday at 8:00 a.m. until Sunday at 3:00 p.m.; B. From 5:00 p.m. on Thanksgiving Day until 3:00 p.m. on Sunday; C. From 5:00 p.m. on Christmas Day until 3:00 p.m. on December 30th; D. On alternating other major holidays that occur on a weekend; E. For three weeks in the Summer, either consecutive or non-consecutive as respondent may elect; and F. At such other times as the parties may mutually agree. 9. Petitioner believes and therefor avers that the relocation to New York is in her best interests, That it is in the best interests and permanent welfare of the child and that it is not contemplated in an effort to thwart the respondent's relationship with his child or with the purpose to limit his contact with the child in any way. Furthermore, petitioner is willing to provide the transportation of the child on the alternating weekends as well as to share transportation for the holiday and Summer vacation schedule. 10. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court and has no information of a custody proceeding concerning the child pending in a court of this Commonwealth other than the existing Order filed to this term and number. 11. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. Petitioner believes and therefore avers that the best interests and permanent welfare of the child requires that the parties have joint legal custody of the child, that petitioner continue to enjoy primary physical custody despite her relocation and that respondent have specified periods of partial custody with the child in accordance with the schedule suggested above. WHEREFORE, petitioner requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. September I f-2007 HAROLD S. IRWIN, III Attorney for Petitioner 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION do hereby verify that the acts set forth in this petition are true and correct. 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. September 2007 AULEENA J. KEA EXHIBIT ^A" SEP I CJ Z004 ,r MICHAEL E. FORRESTER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3938 CIVIL TERM V. CIVIL ACTION - LAW PAULEENA KEAST, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ?Cc1-%? day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael E. Forrester and Pauleena Keast shall have shared legal custody of the minor child, Savanna Keast, born September 2, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her 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 in 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. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. Mother shall have primary physical custody of the child subject to Father's rights of partial custody, which shall be arranged as follows: A. Commencing on September 11, 2004, and September 12, 2004, from 10:00 a.m. until 4:00 p.m. B. Commencing on September 15, 2004, and September 22, 2004, from 5:00 p.m. until 7:00 p.m. NO. 04-3938 CIVIL TERM C. Commencing on September 25, 2004, at 10:00 a.m. through September 26, 2004, until 4:00 p.m. D. Commencing on September 29, 2004, on each Wednesday from Wednesday at 5:00 p.m. until Thursday at 5:00 p.m. E. Effective October 9, 2004, on alternating weekends from Saturday at 10:00 a.m. until Monday at 9:30 a.m. 3. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Alternatinq Holidays. The parties will alternate the following holidays, commencing with Father having custody for Thanksgiving, 2004: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. The custodial period for these holidays shall be from 9:00 a.m. until 5:00 p.m. B. Christmas. The parties shall share the Christmas holiday with an alternating A/B schedule. Segment A shall be from December 24 at noon until December 25 at noon. Segment B shall be from December 25 at noon until December 26 at noon. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. C. Savanna's Birthday. In the event that Savanna's birthday does not fall on Father's regular custodial time, Father shall be entitled to custodial time on either the day before or the day after her birthday. The specifics of this arrangement shall be worked out between the parties. 4. Vacation. Each parent shall be entitled to fourteen (14) days of custody for purposes of vacation, not more than eight (8) of which shall be consecutively arranged. The parties shall arrange their vacations to commence with their custodial weekends. This vacation shall occur between June 1 and September 1- of each year. The parties will provide each other thirty (30) days written notice of their intended vacation plans. 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. For 2005, Father's first vacation period will be from July 10, 2005, to July 18, 2005. NO. 04-3938 CIVIL TERM 5. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. BY THE COURT: J. Dist: John F. King, Esquire, P.O. Box 984, Harrisburg, PA 17108 Melissa L. Van Eck, Esquire, 7800 A Allentown Boulevard, Suite B, Harrisburg, PA 17112 .;y? 1 4 !53 saw 0 saw f .l MICHAEL E. FORRESTER, Plaintiff : V. PAULEENA KEAST, Defendant 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. 04-3938 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the child. who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Savanna Keast September 2, 2003 Mother 2. A Custody Conciliation Conference was held on September 9, 2004 following Father's Complaint for Custody filed on August 10, 2004. This was the parties' first Conciliation Conference. Attending the Conference were: the Father, Michael E. Forrester, and his counsel, John F. King, Esquire; the Mother, Pauleena Keast, and her counsel, Melissa L. Van Eck, Esquire. 3. The parties reached an agreement in the form of Order as attached. z" 4,C Date Melissa Peel Greevy, Esqui Custody Conciliator :235212 'FPt w w s., Ott 4 i H tt? %JO ^5 ,T. ?y? MICHAEL E. FORRESTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAULEENA J. KEAST DEFENDANT • 2004-3938 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 25, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 09, 2007 at 2:00 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. All children age five or older may also be present at the conference. 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/ oAn . M r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VIINVAIASNN]d 00 T Wd SZ d3S [QQZ IWIUNui B-,lW lH,i. ?O } MICHAEL E. FORRESTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3938 CIVIL TERM PAULEENA J. KEAST, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Michael Forrester, in the above captioned case. Respectfully submitted, Je sica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 10. IX' t1' MICHAEL E. FORRESTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3938 CIVIL TERM PAULEENA J. KEAST, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Michael Forrester, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Date: K) - d • t1" A, . 77 -- J sica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 N OCT 112007 ir`Y' MICHAEL E. FORRESTER Plaintiff V. PAULEENA J. KEAST Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-3938 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this N day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated September 20, 2004 shall remain in full force and effect until Mother relocates with Savannah Keast, born 9/2/03. Subsequent said relocation, custody of Savannah shall be as follows. 2. Legal Custody: The Father, Michael E. Forrester, and the Mother, Pauleena J. Keast, shall enjoy shared legal custody of the minor child, Savannah Keast, born 9/2/03. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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: The Mother shall have primary physical custody of Savannah subject to Father's partial custody as follows. a. Commencing the weekend of 10/19/07, Father shall have physical custody of Savannah every other weekend from Friday 7:00 pm until Sunday 3:00 pm. Mother shall transport the Child to Easton, PA at a mutually agreed to location on Friday and Father shall assume custody. Mother shall pick Savannah up at Father's residence on Sunday to transport her back to New York. b. Following the first full week after school lets out for summer, on Sunday, Father shall have physical custody of the Child for three consecutive weeks followed by the Mother having physical custody of Savannah for one week and then Father shall have an additional two consecutive weeks. c. For the summer time, Thanksgiving and Christmas exchanges of custody, Mother shall transport Child to Father's residence and Mother shall pick Savannah up in Easton, PA at a mutually agreed to location. d. Father shall have custody of Savannah every Thanksgiving from 5:00 pm Thanksgiving Day until 3:00 pm on Sunday. e. Father shall have physical custody of Savannah from 2:00 pm Christmas Day if Mother is in this jurisdiction on that day, or 5:00 pm if Mother is not in this jurisdiction, until 3:00 pm the day before school starts again for Savannah after the Christmas holiday. f. Father shall have custody of Savannah on alternating major holidays that occur on a weekend and the transportation shall be shared for these holidays not otherwise already specified above. g. Father shall have physical custody of Savannah at such other times as the parties may mutually agree. 4. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child, not earlier than 8:00 am and no later than 9:00 pm. The parties are to communicate with each other in a non-confrontational manner regarding Savannah. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third parry to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 7. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Each parent shall have seven consecutive days of vacation with Savannah 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 this vacation time by mutual agreement. r 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. T, Cc: , ,I arold Irwin, III, Esq. Aessica Holst, Esq. NAhn J. Mangan, Esquire S uy C ) ..y tL - CD _;cL o N v MICHAEL E. FORRESTER Plaintiff V. PAULEENA J. KEAST Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-3938 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF' 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 Savannah L. Keast 9/2/03 Currently in the Custody of Mother 2. A prior Order of Court was entered 9/20/04 granting Mother primary physical custody of the Child subject to father's rights of partial custody every Wednesday and alternating weekends. 3. A Conciliation Conference was held on October 9, 2007 with the following individuals in attendance: The Father, Michael Forrester, with his counsel, Jessica Hoist, Esquire The Mother, Pauleena Keast, with her counsel, Harold S. Irwin, III, Esquire 4. The parties agreed to the entry of an Order in the form as attached. Date: Jo gan, Esquire Cu tody onciliator