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HomeMy WebLinkAbout02-0814DAVID MARTIN BURNHAM, PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA 7 CIVIL COLLEEN MARIE SEELEY-BURNHAM,: DEFENDANT : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 DAVID MARTIN BURNHAM, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA COLLEEN MARIE SEELEY-BURNHAM,: DEFENDANT : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, DAVID MARTIN BURNHAM, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereina~cr sometimes referred to as "Father") is DAVID MARTIN BURNHAM who currently resides at 4832 Charles Road, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant (hereinafter sometimes referred to as "Mother") is COLLEEN MARIE SEELEY-BURNHAM, who currently resides at 4831 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Name JACQUELINE MARTENS BURNHAM Plaintiff seeks Joint Legal and Physical Custody of the following children: Date of Birth June 7, 1996 THERESA LEIGH BURNHAM 4831 Charles Road Mechanicsburg, pA 4831 Charles Road Mechanicsburg, PA The children were bom of the parties' marriage. August 23, 1992 5. The children are presently in the custody of the Defendant, who resides at 4831 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Since the children's birth the children have resided with the following persons at the following addresses: PERSONS Plaintiff and Defendant Defendant, Patricia Seeley, Theresa and Jacqueline Plaintiff Plaintiff and Defendant Plaintiff and Defendant Defendant, Theresa and Jacqueline Plaintiff ADDRESS 424 North Atmistead Street Alexandria, VA 4831 Charles Road Mechanicsburg, PA 4805 East Trindle Road Mechanicsburg, PA 4805 East Trindle Road 4831 Charles Road Mechanicsburg, PA 4831 Charles Road Mechanicsburg, PA 4832 Charles Road, Apartment A, Mechanicsburg, PA DATES August 23, 1992 to August 1997 August 1997 to spring 1998 August 1997 to spring 1998 Spring 1998 to August 1999 August1999 to September 1, 2001 September 1, 2001 to Present September 1, 2001 to Present 7. The Mother of the children is Defendant, Colleen Marie Seeley-Bumham, who currently resides at 4831 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Mother is married, but separated from Father and presently resides with the parties' two (2) children. 8. The Father of the children is the Plaintiff, David Martin Burnham, who currently resides at 4831 Charles Road, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Father is married, but separated from Mother and presently resides alone except when he has his two (2) daughters with him. 9. The relationship of the Defendant, Colleen Marie Seeley-Bumham, to the children is that of the Natural Mother. Mother currently resides with the two (2) children. 10. The relationship of the Plaintiff, David Martin Burnham, to the children is that of the Natural Father. Father currently resides alone, except for when his children are with him. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff has not participated as a party in any prior custody agreement concerning thc custody of the children in any other court in Pennsylvania. The parties did experience some marital problems in 1997 and a custody agreement was entered at that time with the Virginia Courts. (A copy of the Custody/Visitation Order from the Alexandria Juvenile and Domestic Relations District Court of the Commonwealth of Virginia is attached hereto and made a part hereof at Exhibit "A'.) The parties subsequently reunited and continued their marriage together until September 1, 2001. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Father has a deep love and concern for his daughters; B. Father has been the primary care giver for the children for the majority of the children's lives; C. Although the parties are separated and seeking a divorce, they live across the street from each other and there is no reason why the children should not be allowed to visit with each parent equally; D. Mother has literally pulled the Children across the street from Father's home, to take them to her home, yelling at and about Father during the entire episode; E. Mother demonstrates no concern or consideration for Father's relationship with the children; F. Mother demonstrates no concern or consideration for the children's relationship with their Father; G. Mother has and continues to take deliberate actions to prevent Father from regular visitation with his daughters. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this a~tiOll. WHEREFORE, Plaintiff, DAVID MARTIN BURNHAM, requests this Honorable Court award SHARED LEGAL and PHYSICAL CUSTODY as between Haintiff, DAVID MARTIN BURNHAM, and Defendant, COLLEEN MARIE SEELEY-BURNHAM of the minor children, JACQUELINE MARTENS BURNHAM and THERESA LEIGH Dated: February i~ .2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Sh-san Kay Can~I-6~ Esquire Counsel for Pl~intiffJ PA I.D. # 64~ 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: I~-¢~-0 7__ DAVID MARTIN I~URNHAM EXHIBIT "A" CUSTODY/V. ISITATION ORDER : '..J-lOlST-Ol-OO ' COMMONWEAEfH OF VIRGINIA C,~ No...~;i01.58~01-~00 .......... Alexandria . Juvenile and Domestic Relations District Court In ~ VJacqueline and Theresa L. Burnham ................. The above-named child has been brought before this Court upon the filing of a written petition concerning custody/visitation; and proper uoticc has been giveo to all proper und necessary parlies; the purtias have been informed by this Court of their right to representation by a lawyer and the contents of thc petitkm filed in this Court. All provisions of the Juvenile and Domestic Relations District Court law, and amendments thereto, have been duly complied with in assuming jurisdiction of the child. Having considered all relevant and material evidence. ! fi nd that the child is within the jurisdiction of this Court and the Juvenile and Domestic Relations District Court law, and if committed to a local board of social services or public welfare, it has been further found that reasonable efforts: a. [] have been made [] have not been made to prevent removal and that continued placement in the home v,~uld be contraO' to the welfare of the child. b. [] have been made [] have not been ~nade to reunite the child with his/her parents, guardian or other person standing in loco parentis to the child. I 'also made my determination in accordance with the standards set fbrth in Va. Code § 20-124.1 through § 20-124.5. 1 hereby ORDER that: It is in the best interest of the subject children that custody be, and it hereby is, placed with Colleen M. Burnham their mother and with the primary residence of the children being with the mo~her. ~he children father shall have visitation with said children at such reasonable times and at such reasonable places as the parties shall agree. It is a requirement as a condition of this Order, that each party intending a change of address shall give thirty days' advance written notice of such change of address to the Court and other party. The notice shull contain the child's full nan,. the case nnmber of this case, the party's new telephone number and new street address and, if different, the party's new mailing address. The notice shall be mailed by first-cJass or delivered to this Court and to the other party. Access to the academic, medical, hospital or health records of the child shall not be denied to either parent unless otherwise ordered above. ]TEMPORARY PLACEMENT-- I order that the above-named child be temporarily placed with the department of social services or public welfare of this jurisdiction without prior notice or an opportunity to be heard because of the following emergency and need for such placement: CUSTODY/VISITATION ORDER DAVID MARTIN BURNHAM PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA : 02-814 CIVIL ACTION LAW COLLEEN MARIE SEELEY-BLrRNHAM DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Friday, February 22, 2002 , 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, Meehaniesbur$, PA 17055 on Thursday, March 14, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunday. Esq. 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 heating. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DAVID MARTIN BURNHAM, Plaintiff VS. COLLEEN MARIE SEELEY-BURNHAM,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-814 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~'~ ., 2002, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Father, David M. Burnham, and the Mother, Colleen Made Seeley-Bumham, shall have shared legal custody of Theresa Leigh Burnham, bom August 23, 1992, and Jacqueline Martens Burnham, bom June 7, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. At such time as the Father obtains a vehicle for transportation, the Father shall have custody of the Children when he is not working as arranged by agreement of the parties. 4. The parties shall participate in a course of counseling to be conducted by a professional selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Children. The parties shall attend a minimum of 4 sessions and shall equally share all costs of the counseling which are not covered by insurance. 5. In the event the parties are not able to resolve the outstanding custody issues by agreement upon completion of counseling, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 6. 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. CCi Susan K. Candiello, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother DAVID MARTIN BURNHAM, Plaintiff VS. COLLEEN MARIE SEELEY-BURNHAM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-814 CIVIL ACTION LAW 1N 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 Theresa Leigh Burnham August 23, 1992 Jacqueline Martens Burham June 7, 1996 Mother Mother 2. A Conciliation Conference was held on March 14, 2002, with the following individuals in attendance: The Father, David M. Burnham, with his counsel, Susan K. Candiello, Esquire, and the Mother, Colleen M. Seeley-Bumham, with her counsel, Samuel L. Andes, Esquire. Date 3. The parties agreed to entry of an Order in the form as attached. Dawn S. Sunday, Esquire Custody Conciliator DAVID MARTIN BURNHAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 02-814 CIVIL TERM : COLLEEN MARIE SEELEY-BURNHAM,: DEFENDANT : IN CUSTODY ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, counsel for the Defendant in the above-captioned custody matter, accept service of the Complaint for Custody, and certify that I am authorized to do so. Dated: March ]~.-, 2002 S~ff~u L. Andes, Counsel for Defendant PA I.D. # ~c~2~ 525 North 12~ Street P.O. Box 168 Lemoyne PA 17043 (717) 761-5361 MORRIS & VEDDER~ 32 N. DUKE ST. YORK. PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVIS]ZON DAVID M. BU~, Plaintiff VS. COLLEEN M. SEELEY-BURNHAM, Defendant : No. 02-814 : Action in Custody PETITION TO MODIFY CUSTODY AND FOR CONTEMPT TO THE HONORABLE, THE JI/DGES OF THE SAID COURT: A_ND NOW, TO WIT, this /~ day of September, 2002, comes your Petitioner, David M. Burnham, by his attorneys, Morris & Vedder, and files this Petition to Modify Custody and for Contempt, of which the following is a statement: 1. Your Petitioner is David M. Burnham, Plaintiff above- captioned, hereinafter "Father." 2. Respondent is Colleen M. Seeley-Burnham, Defendant above-captioned, hereinafter ~Mother." 3. The parties were married on October 30, 1994 and separated on September 1, 2001. 4~ Two children were born of this marriage, namely Theresa L. Burnham, a female, born August 23, 1992, age 10 and Jacqueline M. Burnham, a female, born June 7, 1996, age 6, who are in the custody of Mother and have been visiting with Father pursuant to an Order of Custody dated March ]_8, 2002 entered by your Honorable Court, a true and correct copy of which is attached MORRIS & VEDDER 32 N, DUKE ST. YORK. PA. b) c) this case. hereto, marked Annex "A" and incorporated herein by reference as if fully set forth at length. COUNT I - MODIFY CUSTODY 5. Father incorporates the preceding paragraphs by reference as if fully set forth at length. 6. Since the entry of the aforesaid orders, the following substantial facts and circumstances have arisen giving rise to this petition, to wit: a) After entry of the existing order, Mother now refuses to allow Father any custody rights whatsoever. The parties live adjacent to one another. A shared custody arrangement can easily work in 7. As a result of the foregoing, it is against the best interest and welfare of the childr,en to be subjected to the existing custodial arrangement. 8. The best interests and welfare of the children will be promoted by a modification of the present custodial arrangement for the above reasons. 9. The existing custodial arrangement should be modified as follows: the parties should have shared physical custody of their children. WHEREFORE, your Petitioner, David M. Burnham, respectfully requests your Honorable Court to modify the existing order as aforesaid. MORRIS & VEDDER 32 N. DUKE ST. YORK. PA.. COUNT II - FOR CONTEMPT 10. Father incorporates the preceding paragraphs by reference as if fully set forth at length. ll. Mother has willfully, purposely and maliciously violated said order of your Honorable Court in that: a. The operative custody' order states, in relevant part, as follows: nAt such time that Father obtains a vehicle for transportation, the Father shall have custody of the children when he is not: working as arranged by agreement of the parties." b. Father has obtained a vehicle for transportation. c. Despite Father's completion of the condition precedent to his having regular custody of the children, Mother refuses to make Father to have custody. d. Mother refuses any arrangements whatsoever for to allow Father to have any custody whatsoever with the children. e. Mother is attempting to coerce Father to resolve the divorce in his favor and is attempting to extract the same from Father by withholding custody of the children. WHEREFORE, your Petitioner, David M. Burnham, respectfully requests your Honorable Court to find Respondent in contempt for her violation of your Honorable Court's orders as aforesaid, to issue appropriate punishment to guarantee future compliance with your Honorable Court's orders, and to compel Respondent to pay your Petitioner's attorneys fees, costs and expenses in the preparation of this petition and the continuing representation of your Petitioner in connection herewith. MORRIS & VEDDER 32 N. DUKE ST. YORK. PA. Doc. No. Cwv6200 Respectfully submitted, Clyde W. Ved~er,-'Esqbire 32 N. Duke St. PO Box 544 York, PA 17405 (5'17) 843-9815 Supreme Court No. 32098 DAVID MARTIN BURNHAM, Plaintiff VS. COLLEEN MARIE SEELEY-BURNHAM,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-814 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ]~ day of )k.o_~,_ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows.: 1. The Father, David M. Burnham, and the Mother, Colleen Marie Seeley-Burnharn, shall have shared legal custody of Theresa Leigh Burnham, bom August 23, 1992, and Jacqueline Martens Burnham, born June 7, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. At such time as the Father obtains a vehicle for transportation, the Father shall have custody of the Children when he is not working as arranged by agreement of the parties. 4. The parties shall participate in a course of counseling to be conducted by a professional selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable, them to effectively co-parent their Children. The parties shall attend a minimum of 4 sessions and shall equally share all costs of the counseling which are not covered by insurance. 5. In the event the parties are not able to resolve the outstanding custody issues by agreement upon completion of counseling, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 6. 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 Annex 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. BY THE COURT, cc: Susan K. Candiello, Esquire- Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother DAVID MARTIN BURNHAM, Plaintiff VS. COLLEEN MARl-F, SEELEY-BLrRN-HAM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL,kND COUNTY, PENNSYLVANIA 02-814 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Theresa Leigh Burnham August 23, 1992 Jacqueline Martens Burham June 7, 1996 CUR.RENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on March 14, 2002, with the following individuals in attendance: The Father, David M. Bumham, with his counsel, Susan K. Candiello, Esquire, and the Mother, Colleen M. Seeley-Bumharn, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date . ,---w~_ _ Dawn S. Sunday, Esquire / Custody Conciliator ~" COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK Before me, a Notary Public, in and for the said County and State, personally appeared David M. Burnham, who being duly sworn according to law, doth depose and say' that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. bavid M. ~rnham Sworn and subscribed to before me this //J~day 2002 MORRIS & VEDDER 32 N. DUKE ST. YORK, leA. ~ary Public DAVID M. BURNHAM PLAINTIFF COLLEEN M. SEELEY-BURNHAM DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-814 CIVIL ACTION LAW : IN' CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 27, 2002 , 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, Meehanicsburg, PA 17055 on Wednesd!ay, December 18, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to apl~ear 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. Sunday, Esq, 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 ox' 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 ffELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,tI.NNO0 ~f~;~!~N0 MORRIS & VEDDER 32 N. DUKE ST. YORK. PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION DAVID M. BURNHAM, Plaintiff VS. COLLEEN M. SEELEY-BURNHAM, Defendant No. 02-814 Action in Custody CERTIFICATE OF SERVICE I,, Stephanie M. Warehime, Secretary to Clyde W. Vedder, Esquire, of the law firm of Morris & Vedder, 32 North Duke Street, PO Box 544, City of York, York County, Commonwealth of Pennsyivania, 17405, do hereby certify that on this 2nd day of December, 2002, I served two true and correct copy of Petition to Modify.Custody and for Contempt and Order of Court, by placing the same in the United States mail, postage prepaid to: Samuel L. Andes, Esquire 252 N. Twelfth St.. PO Box 168 Lemoyne, PA 17043 MORRIS & VEDDER '~t~phanie M. Warehime, Secretary to Clyde W. Vedder, Esquire DAVID M. BURNHAM, Plaintiff VS. COLLEEN M. SEELEY-BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-814 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT up°nc°ns~deratiA~onI)of~t2Wa~a2~Sd~ncdi~iYat~°ofn~~o2wOs~2, 1. The prior Order of this Court dated March 18, 2002, is vacated and replaced with this Order. 2. The Father, David Burnham, and the Mother, Colleen Burnham, shall have shared legal custody of Theresa L. Burnham, born August 23, 1992, and Jacqueline M. Burnham, born June 7, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The parties agree to participate in a course of joint counseling to be conducted by a professional selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Children. The parties shall equally share all costs of the counseling which are not covered by insurance. 4. The Mother shall have primary physical custody of the Children. 5. The Father shall have partial physical custody of the Children on aiternating weekends from Friday at 5:00 p.m. through Sunday at 8:00 p.m., beginning December 27, 2002, and every Monday and Wednesday from 5:00 p.m. until 8:00 p.m. beginning December 30, 2002. The Father shall have custody of the Children on Sunday, December 15, 2002, from 8:00 a.m. until 8:00 p.m. and on Tuesday, December 17 and Thursday, December 19, from 5:00 p.m. until 8i00 p.m. 6. The Father shall have additional overnight periods of custody with the Children as agreed between the parties in writing. The parties shall communicate directly with each other concerning changes to the custody schedule. 7. The parties shall share or alternate having custody of the Children on holidays as follows: A..CHRISTMA~: The Christmas holiday shall be divided into Segment A, which shall mn fi.om Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall mn fi.om Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In 2002, the Father's Segment A holiday period of custody shall be extended to begin on Monday, December 23 at 5:00 p.m. and shall mn through Christmas Day at 12:00 noon. B. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall mn fi.om New Years Eve at 12:00 noon through New Years Da at 12 Segment B, which shall ~,,.~ xT~... ,, ~ Y :00 noon and run ....l~ ~,,,w tears Day at 12:00 noon through January 2 at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Eve. C. _THANKSGIVING: The Thanksgiving holiday shall mn fi.om the Wednesday before Thanksgiving at 5:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children for the Thanksgiving holiday in odd numbered years and the Mother shall have custody over the Thanksgiving holiday in even numbered years. D. EASTER: In every year, the Father shall have custody of the Children fi.om Saturday at 12:00 noon through Easter Sunday at 12:00 noon, and the Mother shall have custody fi.om Easter Sunday at 12:00 noon through the commencement of school. E. MEMORIAL DAY/JULY 4~/LABOR DAY shall : In odd numbered years, the Mother have custody of the Children on Memorial Day and Labor Day and the Father shall have custody on July 4th fi.om 9:00 a.m. until 8:00 p.m. In even numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody on July 4th fi.om 9:00 a.m. until 8:00 p.m. F. MOTHER'S DAY/FATHER,S DAY: The Mother shall have custody of the Childi-en every year on Mother's Day and tile Father shall have custody of the Children every year on Father's Day fi.om 8:00 a.m. until 8:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Children can be contacted. 9. In the event the parties have not been able to reach an agreement as to summer custody arrangements by April 1, 2003, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference to address the issue. 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. 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. cc:,~yde W. Vedder, Esquire - Counsel for Father ,,/c~amuel L. Andes, Esquire Counsel for Mother BY TH~ Edgar B. Bayley, ~'~_ / J. DAVID M. BURNHAM, Plaintiff vs. : 02-814 COLLEEN M. SEELEY-BURNHAM, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley 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 Theresa L. Burnham Jacqueline M. Burnham DATE OF BIRTH CURRENTLY IN CUSTODY OF August 23, 1992 Mother June 7, 1996 Mother 2. A Conciliation Conference was held on December 13, 2002, with the following individuals in attendance: The Father, David Martin Burnham, with his counsel, Clyde W. Vedder, Esquire, and the Mother, Colleen Made Seeley, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date /6,: Ooo . Custody Conciliator