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HomeMy WebLinkAbout05-0688MARK S. PETRUNAK, Plaintiff V. KAREN L. PETRUNAK Defendant IN THE COURT OF COMMON PLEAS NO. ?C Civil Term CIVIL - CUSTODY 1. Plaintiff is Mark S. Petnmak,, who currently resides at 1160 Green Spring Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Karen L. Petrunak, who has lived at 1160 Green Spring Road, Newville, Cumberland County, Pennsylvania until recently; however, she is currently primarily residing at an unknown address in Mount Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff is the natural father of the following children and seeks custody of the following children: NAME DOB Bethany Renee Petrunak 11/11/99 Jessica Lee Petrunak 5/6/01 The children were born in wedlock. ADDRESS 1160 Green Spring Rd. Newville, Pa. 17241 1160 Green Spring Rd. Newville, Pa. 17241 During the past month, Father has had primary physical care and custody of the children. Since birth, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Mark S. Petrunak 1160 Green Spring Rd. birth - present Karen L. Petrunak Newville, Pa. 17241 The mother of the child is: Karen L. Petrunak, her last known address is 1160 Green Springs Road, Newville, Pa. 17241. She is married to Mark S. Petrunak. The father of the children is: Mark S. Petrunak, 1160 Green Spring Rd., Newville, Pa. 17241. He is married to Karen L. Petrunak. 4. The relationship of plaintiff to the children is that of Father. The persons that the Plaintiff currently resides with are: Mother and Father. 5. The relationship of defendant to the children is that of Mother, The defendant currently resides with the children and father; however she is in the process of moving in with her boyfriend. 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. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who 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: Father has been the primary custodian of the children for the past month. Once the parties separate. Mother will be moving in with her boyfriend Father is buying a home in Dillsburg. He is stable financially and is in the best position to provide a safe and stable home for the children. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children. Respectfully submitted, Date: I. 79465 6 Uro h PittStreet C , Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: a?7joS Mark S. Petrunak, Plaintiff N t o? , MARK S. PETRUNAK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-688 CIVIL ACTION LAW KAREN L. PETRUNAK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 10, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 08, 2005 at 9:30 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/ Jacqueline M. Veme Esq. I 1A 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 rr ?J > S7 c?/ z . MARK S. PETRUNAK, Plaintiff V. KAREN L. PETRUNAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0>C--_ 6 91.91- Civil Term IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 3 rd day of I Ow-(I 2005, by and between KAREN L. PETRUNAK, (Hereinafter referred to as "Mother"), of Newville, Cumberland County, Pennsylvania, and MARK S. PETRUNAK., (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two minor children, namely, Bethany Renee Petrunak, date of birth, November 11, 1999; and Jessica Leigh Petrunak, date of birth, May 6, 2001; WHEREAS, Mother and Father currently live together, but are planning to separate in the near future; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, upon their separation, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree that they will abide by the following agreement upon their separation: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Physical Custody of the child, as that term is defined in the custody act, shall be shared between Mother and Father. 3. Periods of Custody Custody. Father's periods of custody with the children shall be as follows: A. Beginning on 6 ?,S 1(?"_ , 2005, every other weekend from Friday evening through Monday morning. B. During each week, Father will have the children overnight every Tuesday and Wednesday evening beginning at the time he leaves his employment through the next morning. C. Father shall always have a block of time with the children on Easter and Father's Day. Mother's periods of custody with the children shall be as follows: A. Beginning on NOaA q j_'? , 2,005, every other weekend from Friday evening through Monday morning. B. During each week, Mother shall have the children overnight Monday and Thursday evenings. C. Mother shall always have a block of time with the children on Thanksgiving Day and Mother's Day. The parties shall mutually agree to evenly divide up time spent with the children on all major holidays and vacations. In the event that either party is unavailable to supervise the children during their period of custody for more than four (4) hours, then that party shall notify the other parent immediately and give them the first opportunity for a period of custody with the child or children before requesting the supervision of any other adult. Nothing in this agreement shall prevent the parties from making modifications to this stipulation upon mutual agreement. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. However, the parties may make other transportation arrangements upon mutual agreement. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence, telephone number, cell phone number, and e-mail address to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of the Child. Emergency decisions regarding, a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This .Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: PE UNAK, Father n ? ? (f WITNESS COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the z day of , 2005, before me, the undersigned officer, personally appeared MARK S. PETRUNAK known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat COMMONWEALTH OF PENNSYLVANIA n?r NOTARIAL SEAL a7lE??' ?? -'' PAMELA A. SWITALSKI, Notary Public Notary Public Shlppensburg Twp., Cumberland County My Commission fxplres Feb. 9, My commission expires:>rP? / SEAL l ltct REN . PETR V AK, Mother WITNESS COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND On this, the day of A 2005, before me, the undersigned officer, personally appeared KAREN L. PETRUNAK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hhnand?snd official seal: Notary Public i _ My commission expires: ?j ( J SEAL COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PAMELA A. SWITALSKI, Notary Public Shippensburg Twp., Cumberland County My Commission Expires Feb. 9, 2005 ?; ^, : !'7 ? f?... ;. cf? ..il ,? mot" 'il `u ??j_N -i1?g7 ? ±C.1'S 7_. ? ? Yi { ? t r. ' _ r? ti J ? 1 ? , _. ?:1 ? ?? ?l) L MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff V. KAREN L. PETRUNAK Defendant NO. 05 - 688 Civil Term CIVIL - CUSTODY AFFIDAVIT OF SERVICE AND NOW, this February 23, 2005, I, Jane Adams, Esquire, hereby certify that on February 14, 2005, a certified true copy of the ORDER setting a custody hearing was served, via certified mail, return receipt requested, addressed to: Karen L. Petrunak 801 Sandbank Road Lot 24 Mount Holly Springs, Pa. 17065 DEFENDANT - ¦ Complete ft9n s;1, 2, and 3. Also complete item 4?if Restricted Delivery is desired. ¦ Print yourname and address on the revs= so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front it space permits. 1. Article Addressed to: kat-&t L. p-TrunAK a marl _ Agent X t '14t - A M B. Received by (Fnated Name) C: Data of 101 D. Is delivery address different from Item 17" I-I'ree If YES, enter delivery address below: ?R No '90 1 sahd6mlk Road- Lo+ 24 1 1?,? Ha 9. SerNoeTWO `'1(`JJrt ,y snY'Ih?af PA 1me PgCemw Mall O&AXeea Mail P J J O Reglolved . 17 tteprnRecd Ofor Mwdrdr 4. PA*k! d oeeveryt 0Bft" 11 Yes 2. AreoleNumber 7003 3110 0004 5775 4405 (Rreneskrnnm servk»aw PS Form 3811, February 2004 Domestlo Return R9090 -JXNE AOgp6 dwq 10259508U,t610 Respectfully Jane 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF n a r ?" N c' 6'* MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff V. KAREN L. PETRUNAK Defendant NO. 05 - 688 Civil Term CIVIL - CUSTODY AFFIDAVIT OF SERVICE AND NOW, this February 23, 2005, I, Jane Adams, Esquire, hereby certify that on February 14, 2005, a certified true copy of the CUSTODY PETITION was served, via certified mail, return receipt requested, addressed to: Karen L. Petrunak 801 Sandbank Road Lot 24 Mount Holly Springs, Pa. 17065 DEFENDANT ¦ Complete Items 1, 2, and 3. Also Complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space perks. 1, Article Addressed to. kz?,,en L . Pe (-un eLk 801 Sat-dbtt-. - Rov - 61 '24 Tri A' 00nf (dolt/'rP67sy DA J I7o63 Agent C. Is delivery addres`e differentfrom item 17 UYes If YES, enter delivery address below: 0-No 3. Service Type. certified Mall ? Express Mail 0 Registered 0 Return Receipt for Merchandise ? Insured Mall 13 C.O.D. 4. RWVICW Ds9wry9 l" f"") ? yet 2• Article Number 7003 3110 0004 5775 4429 ( WWW from mvke Mbeg PS For 3811, February 2004 Domestic Return Receipt 102595-02-*1540 J dams, Esquire I . o. 79465 6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF f r MAP it 11 W05 _Y,4- MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL TERM KAREN L. PETRUNAK, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7`h day of March, 2005, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, Cus ody Conciliator ,_, 5 MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. ?? S Civil Term KAREN L. PETRUNAK, : IN CUSTODY Defendant ORDER AND NOW, this 160\ day of go-1k , 2005, having reviewed the attached agreement between the parties dated March 3rd, 2005 and filed March 4, 2005, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. i J. cc: (, lane Adams, Esquire, for father Xaren L. Petrunak, Defendant 0 3-/y ^J r? ? `?': Sn ? ? ? i N( •J MARK S. PETRUNAK, Plaintiff V. KAREN L. KELLEY, formerly Karen L. Petrunak Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-688 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the above named Petitioner, Karen L. Petrunak, now known as Karen L. Kelley, by and through her attorney of record, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and avers as follows: 1. Your Petitioner is the above-named Defendant, Karen L. Petrunak, who having remarried is now known as Karen L. Kelley, an adult individual currently residing at 1150 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Plaintiff, Mark S. Petrunak, an adult individual currently residing at 9 Heatherwood Drive, Dillsburg, York County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Bethany Renee Petrunak, born November 11, 1999; and Jessica Leigh Petrunak born May 6, 2001. 4. The parties are subject to an Order of Court dated March 10, 2005, a copy of said Order is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of the aforementioned Order, each party relocated to his/her current residence, and the parties followed the current Order until approximately September of 2005. 6. Pursuant to the current Order, Respondent has two overnights during the week with the children, among other time. 7. In or about September of 2005, the parties agreed that the current schedule was not in the best interest of the children as it required the children, when they had overnights prior to a week day with Respondent, to awake very early in order for him to return the children to Petitioner's custody so that she could have the older child ready for school. 8. In or about September of 2005, the parties agreed that Respondent's Tuesday and Wednesday overnights would be evening visits, not overnights, and this schedule continued until the start of the 2006-2007 school year. 9. The parties further agreed, in or about September of 2005, that Respondent's weekend periods of custody ended on Sunday evenings at 8:00 p.m., unless there was no school scheduled on Monday. 10. At the beginning of the 2006-2007 school year, Respondent unilaterally decided he wanted to go back to the current Order and began keeping the children again for his overnight periods of custody. 11. When the children, now both in school, have an overnight period of custody with Respondent and school the following day, Respondent awakens the children at approximately 6:40 a.m. and has them to Petitioner's house at approximately 7:25 a.m. so that she can feed them and prepare them for their school day. 10. The children are displaying behavioral issues due to their lack of sleep and it is in the best interest of the children to have a stable schedule during the week and for them not to have to awaken early at Respondent's house only so that he can transport them to Petitioner's house prior to the school day. 11. Petitioner believes it is in the best interest of the children for her to exercise custody of them throughout the school week and proposes that Respondent have an additional twenty-four (24) hour period on her weekend from Saturday to Sunday. 12. It is in the best interest and permanent welfare of the children to rearrange the schedule to provide Petitioner with custody during the school week as requested. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference at which time an order should be entered providing her with primary custody of the children. Respectfully submitted, Il W K i Hannah Herman-Snyder, Es uire Attorney for Petitioner/Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: "001*') it -1 1 MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. S G, SS Civil Term KAREN L. PETRUNAK, : IN CUSTODY Defendant OR DER AND NOW, this f b day of M?? , 2005, having reviewed the attached agreement between the parties dated March 3`d, 2005 and filed March 4, 2005, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. l? J. cc: Jane Adams, Esquire, for father Karen L. Petrunak, Defendant EXHIBIT EA w p„ IT ! C O P"Y F %g o j-,?t In I 7osli 1 rr._)r,r %ihareo, I here Unto ?•,i ;;?; F;a,td ar?c1 ;, s?-,s r SE"Iyou, notary MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. k Civil Term KAREN L. PETRUNAK, : PST CUSTODY ,_ti; Defendant ' r. 71 STIPULATION AND CUSTODY AGREEMENT > This Stipulation and Custody Agreement is made this day of ?±???rG;{,,_ 2005, by and between KAREN L. PETRUNAK, (Hereinafter referred to as "Mother"), of Ne?vville, Cumberland County, Pennsylvania, and MARK S. PETRUNAK, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two minor children, namely, Bethany Renee Petrunak, date of birth, November 11, 1999; and Jessica Leigh Petrunak, date of birth, May 6, 2001; WHEREAS, Mother and Father currently live together, but are planning to separate in the near future; WHEREAS, Mother and Father have reached are agreement relative to the future care, custody, and visitation of their children, upon their separation, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree that they will abide by the following agreement upon their separation: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both. parents shall be ertitl°d to eq ta? access to the children's school. medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Physical Custody of the child, as that term is defined in the custody act, shall be shared between Mother and Father. 3. Periods of Custody Custody. Father's periods of custody with the children shall be as follows: A. Beginning on 2005, every other weekend from Friday evening through Monday morning. B. During each week, Father will have the children overnight every Tuesday and Wednesday evening beginning at the time he leaves his employment through the neat morning. C. Father shall always have a block of time with the children on Easter and Father's Day. Mother's periods of custody with the children shall be as follows: A. Beginning on &%-6t ? 4-1'' , 2005, every other weekend from Friday evening through Monday morning. B. During each week, Mother shall have the children overnight Monday and Thursday evenings. r. Mother shall always have a block of time with the children on Thanksgiving Day and Mother's Day. The parties shall mutually agree to evenly divide up time spent with the children on all major holidays and vacations. In the event that either party is unavailable to supervise the children during their period of custody for more than four (4) hours, then that party shall notify the other parent immediately and give them the first opportunity for a period of custody with the child or children before requesting the supervision of any other adult. Nothing in this agreement shall prevent the parties from making modifications to this stipulation upon mutual agreement. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. However, the parties may make other transportation arrangements upon mutual agreement. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive v bile transporting the child(ren). 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment: Each party agrees to keep the other informed of his or her residence, telephone number, cell phone number, and e-mail address to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laves of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS : A _ LZL- PE LTNAK, Father WITNESS COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of `' M1 °.? r''1 , 2005, before me, the undersigned officer, personally appeared MARK S. PETRUNAK known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SSEA Pk1tIEE-A k,- Pubfis' Jaii?ETt?i?Er't??r?•? ; ?„ "` "- '? ,;•ytt:i i ' ? l r i KAREN`;. PETRMAK, Mother f Notary Public My commission expires: SEAL WITNESS COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the . ?, day of /7" j 2005, before me, the undersigned officer, personally appeared KAREN L. PETRUNAK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: rte. SEAL Sul..?5irriE°u t,? ?'?: V u t„ E .etc "f- -r51 V is Y V4' 4-0 ? t, r 4??iL f W-`•2L) i n,J Y 1 , .. ...J a?Y-7 fit-' ?f y MARK S. PETRUNAK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-688 CIVIL ACTION LAW KAREN L. KELLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, January 11, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Thursday, February 08, 2007 at 9:30 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 hearini;• FOR THE COURT, By: /s/ ac ueltne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -Ing L 0 MARK S. PETRUNAK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KAREN L. KELLY, NO. 2005-688 CIVIL TERM formerly Karen L. Petrunak Defendant IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes Mark S. Petrunak by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Plaintiff is Mark S. Petrunak (hereinafter "Father"), an adult individual currently residing at 9 Heatherwood Drive, Dillsburg, York County, Pennsylvania. 2. The Defendant is Karen L. Petrunak, who having remarried is now known as Karen L. Kelley (hereinafter "Mother"), an adult individual currently residing at 1150 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Bethany Renee Petrunak, born November 11, 1999; and Jessica Leigh Petrunak born May 6, 2001 (hereinafter "Children"). 4. The parties are subject to an Order of Court dated March 10, 2005, a copy of said Order is attached hereto and incorporated herein by reference as "Exhibit A." 5. Paragraph Four of the present Order dictates transportation and exchanges and provides that the parent who is to receive custody shall be responsible for transporting the children. Mother recently refused to assist in the transportation of the children and is in contempt of the Order for her failure to pick the children up through the week at Father's house after Father's overnights with the children. 6. On December 16, 2006, Mother contacted Father and advised Father that he would no longer be permitted to exercise his weekday visits with the children. Father missed 1 overnight with the children until Mother relented and rescinded her unilateral change to the Order. WHEREFORE, Father respectfully requests that Mother be found in contempt of Court for her violation of the Order as set forth above. DATE: Respectfully Submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas\Domestic\Petrunak\contem pt.pet MARK S. PETRUNAK, Plaintiff V. KAREN L. KELLY, formerly Karen L. Petrunak Defendant 'I : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-688 CIVIL TERM IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition for Contempt are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 2007 -- 'A?? Mark S. Petrunak MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. Civil Term KAREN L. PETRUNAK, : IN CUSTODY Defendant ORDER AND NOW, this d day of , 2005, having reviewed the attached agreement between the parties dated March 31, 2005 and filed March 4, 2005, it is hereby ORDERED and DECREED that the agreement shall be entered an ORDER of Court. J. cc: Jane Adams, Esquire, for father Kaken L. Petrunak, Defendant TRIAE COPY FROM RECORD In Testimony whereo , I ere unto set my hand Tnd f said ou arosl Pa. Th' .. S of .. .:t1 Exhibit "A" 07-14-06 07:33AM FROM- T-709 P.02 F-037 MARK S. PETRUNAK, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :No. 05 6 g-r Civil Term KAREN L. PETRUNAK, : IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT •1 UwG'?"? This Stipulation and Custody Agreement is made this ?l day of ' c Ln "5, by and between KAREN L. PETRUNAK, (Hereinafter referred to as "Mother"), of Newville, Cumberland County, Pennsylvania, and MARK S. PETRUNAK, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two minor children, namely, Bethany Renee Petrunak, date of birth, November 11,1999; and Jessica Leigh Petrunak, date of birth, May 6, 2001; WHEREAS, Mother and Father currently live together, but are planning to separate in the near future; WHEREAS, Mother and Father have reached an agreement relative to the fixture care, custody, and visitation of their children, upon their separation, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning 0?-14-06 07:34AM FROM- T-709 P.03/10 F-037 the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree that they will abide by the following agreement upon their separation: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other parry. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-today living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Physical Custody of the child, as that term is defined in the custody act, shall be shared between Mother and Father. 3, Periods of Custody Custody. Father's periods of custody with the children shall be as follows: A. Beginning on ?A , 2005, every other weekend from Friday evening, through Monday morning. B. During each week, Father will have the children overnight every Tuesday and Wednesday evening beginning at the time he leaves his employment through the next morning. C. Father shall always have a block of time with the children on Easter and Father's Day. OT-14-06 07:34AM FROM- T-709 P.04/10 F-037 Mother's periods of custody with the children shall be as follows: A. Beginning on 2005, every other weekend from Friday evening through Monday morning. B. During each week, Mother shall have the children overnight Monday and Thursday evenings. C. Mother shall always have a block of time with the children on Thanksgiving Day and Mother's Day. The parties shall mutually agree to evenly divide up time spent with the children on all major holidays and vacations. In the event that either party is unavailable to supervise the children during their period of custody for more than four (4) hours, then that parry shall notify the other parent immediately and give them the first opportunity for a period of custody with the child or children before requesting the supervision of any other adult. Nothing in this agreement shall prevent the parties from making modifications to this stipulation upon mutual agreement. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. However, the parties may make other transportation arrangements upon mutual agreement. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 5. Ongoing RelatioushiD. Neither parry shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence, telephone number, cell phone number, and e-mail address to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide 0?-i4-D6 07:34AM FROM- daycare for the child(ren). T-709 P.05/10 F-037 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 14. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS : ,4t--, a, 6-- PE UNAK, Father WITNESS W-14-06 07:35AM FROW T-709 P.O6/10 F-037 COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the x day of 1 t '.i ;-'ll , 2005, before me, the undersigned officer, personally appeared MARK S. PETRUNAK known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. .1 IN WITNESS WHEREOF, I hereunto set my hand and official seal.' :t7MR+IONWF:11lTH OF PENNSYLVANIA , ) .` \ ..L NOTARIAL SEAL ? / 7 h 1 PAMELA A. St' RALSVI, Notary PtMC I Notary Public Siilppensburg Twp., Cumt*rlarxi Coumy My Commisdon JEVres Feb. 9, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND My commission expires:t (b ri,AJ) SEAL ) WITNESS ):ss On this, the h day of 2005, before me, the undersigned officer, personally appeared KAREN L_ PETRUNAK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my handy nd official seali Notary Public ! i My commission expires: ?? f j (f i J` SEAL COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PAMELA A. SWITAL.SKI, Notary Publk ShIppensburg Twp., Cumbe+l~rnd County My Commlrr4r i 1=mMres Feb. 9, 2008 CERTIFICATE OF SERVICE I hereby certify that on February 16, 2007, I, Andrea M. Barrick, secretary to Michael A. Scherer, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Petition for Contempt, by facsimile, to the party listed below, as follows: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5063 cAjmf ' 39. &UA, Andrea M. Barrick C:? r--a O'l 5!:?3 MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?7 day of 6!4r? , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated March 10, 2005 is hereby vacated. 2. The Mother, Karen L. Kelley and the Father, Mark S. Petrunak, shall have shared legal custody of Bethany Renee Petrunak, born November 11, 1999 and Jessica Leigh Petrunak, born May 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall share physical custody of the children on the following schedule: 4. During the school year, Father shall have the following periods of physical custody: A. Alternating weekends from Friday at 5:30 p.m. to Monday morning when he shall transport the children to Mother in time for school. B. Every Wednesday overnight from 5:30 p.m. to Thursday morning when he shall transport the children to Mother in time for school. C. On the off-week Saturday from 7:00 p.m. to 12:00 noon on Sunday. 5. During the summer Father shall have the following periods of physical custody: A. Alternating weekends from Friday at 5:30 p.m. to Monday morning; and every Tuesday and Wednesday overnight from 5:30 p.m. Tuesday to Thursday morning. 6. In addition to the above periods of physical custody, Father shall have an additional 18 overnights throughout the year (beginning with the start of school) at times agreed by the parties, including the night before a school holiday or in-service day, during Christmas vacation and the summer. Except that for the year 2007 until school begins, Father shall be entitled to six such overnights. 7. Except as provided herein, Mother shall have physical custody at all other times. 8. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. 9. The parties shall mutually agree to evenly divide up time spent with the children on all major holidays. 10. Transportation shall be shared such that the relinquishing party shall transport, except on Father's Tuesday and Wednesday overnights to Thursday mornings in the summer. In such case Father shall be responsible for all transportation on those days. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages to the point of intoxication prior to transporting the children or be under the influence of any alcoholic beverages which would impair their ability transporting the children. 11. In the event that either party is unavailable to supervise the children during their period of custody for more than four (4) hours, then that party shall notify the other parent immediately and give them the first opportunity for a period of custody with the child or children before requesting the supervision of any other adult. 12. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health. maintenance, and education with a view toward obtaining and following a .y harmonious policy in the child's education and social adjustment. Each party shall keep the other informed of his or her residence, telephone number, cell phone number, and e- mail address to facilitate communication concerning the welfare of the children and visitation period. Each party shall supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the children. 13. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term `serious illness' as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 14. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 15. 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. Another Conciliation Conference is scheduled for May 23„?A@TTr N0 p.m. BY J. ccy/flannah Herman-Snyder, Esquire, Counsel for Mother ?)dlichael A. Scherer, Esquire, Counsel for Father J 341 MARK S. PETRUNAK, Plaintiff V. KAREN L. KELLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-688 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bethany Renee Petrunak November 11, 1999 shared Jessica Leigh Petrunak May 6, 2001 shared 2. A Conciliation Conference was held in this matter on February 20, 2007, with the following in attendance: The Mother, Karen L. Kelley, with her counsel, Hannah Herman-Snyder, Esquire, and the Father, Mark S. Petrunak, with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated March 10, 2005 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date 44acq&line M. Verney, Esquire Custody Conciliator MARK S. PETRUNAK, Plaintiff V. KAREN L. KELLEY, formerly, Karen L. Petrunak Defendant To Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-688 CIVIL TERM IN CUSTODY PRAECIPE Please withdraw the Petition for Modification of Custody filed on behalf of the above named Defendant, Karen L. Kelley, formerly Karen L. Petrunak, on January 10, 2007. Date: aZ ) M-1 ?'*& t f ^ 1 I I. Hannah Herman-Snyder, Esquire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 r C-D 7,, JUN 0 ) 2001,o:' MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the attached Custody Conci ation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 27, 2007 shall remain in full force and effect with the following modifications and additions: 2. Each party shall be entitled to one full week of physical custody during summer recess from school, provided they give the other parry 30 days prior notice. The week shall include their current custodial periods and not be used so as to extend their physical custody time beyond 7 consecutive days. 3. Any reference to the term "summer" in the prior Order shall refer to the children's school recess for the summer. 4. Paragraph 6 shall be modified such that Father shall give at least 24 hour notice of the exercise of his additional 18 overnights with the children 5. 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 ter of this Order shall control. B J. cc ichael A. Scherer, Esquire, Counsel for Father aren L. Kelley, pro se 1150 Cranes Gap Road Carlisle, PA 17013 y Ill.I M?A,f _ :??{ EV OC:21 8 8-?i r10OZ 1,ttllCri %i-!.1 ?Hl d© JUN 012007 MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bethany Renee Petrunak November 11, 1999 shared Jessica Leigh Petrunak May 6, 2001 shared 2. A Conciliation Conference was held in this matter on May 31, 2007, with the following in attendance: The Mother, Karen L. Kelley, pro se and the Father, Mark S. Petrunak, with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated February 27, 2007 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0kopelaw.com MARK S. PETRUNAK, Plaintiff, vs. KAREN L. KELLEY, Defendant. Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 2005-688 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW COMES the Petitioner, Karen L. Kelley, by and through her attorney, Lesley J. Beam, Esquire, and files this, her Petition to Modify Custody Order, of which the following is a statement: 1. The Petitioner is Karen L. Kelley, currently residing at 1150 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Petitioner' or "Mother"). 2. The Defendant is Mark S. Petrunak, currently residing at 9 Heatherwood Drive, Dillsburg, York County, PA 17019 (hereinafter "Respondent" or "Father"). 3. Petitioner and Defendant are the natural mother and father, respectively, of the following children: Bethany R. Petrunak, born November 11, 1999, currently 8 years of age, and Jessica L. Petrunak, born May 6, 2001, currently 7 years of age (hereinafter the "children") 4. The children were bom in wedlock. Petitioner and Defendant are divorced, and Petitioner is remarried. 5. Two Orders of Court have been entered in the above-captioned matter that are currently controlling the custody of the children. The most recent Order was entered on June 8, 2007, after conciliation and upon agreement of the parties; a true and correct copy of said order is attached as Exhibit "A" (hereinafter the "June 8"' Order"). The prior Order was rendered on February 27, 2007, again, after conciliation and upon agreement of the parties; a true and correct copy of said order is attached as Exhibit "B" (hereinafter the "February 27"' Order"). 6. The February 27th Order provided that the parties share legal custody of the children, and physical custody of the children on a 50/50 basis. During the summer, the parties were to alternate weekends (Friday to Monday), Mother always had Monday and Thursday overnights, and Father always had Tuesday and Wednesday overnights. During the school year, Father would receive every other weekend, all Saturday overnights on his "off' weekend, Wednesday overnights, and 18 overnights per year. 7. The June 8th Order mandated that the February 27"' Order remain in effect, with the modification that the parties would each be entitled to one week of custodial time in the summer, a definition of summer, and a requirement that Father give Mother notice at least 24 hours notice of his intent exercise his unassigned overnights with the children.. 2 8. The children are entering 2"d and 3rd grade this year, respectively, at Crestview Elementary in Carlisle. Father lives approximately 30 minutes from the school, and Mother is concerned about the impact of the overnight periods of custody during the school week with Father. 9. Of additional concern, the provision in the February 27t' Order regarding Father's additional overnights with the children has created innumerable arguments, and frustrations in trying to effectuate these overnights. Mother's schedule has been at the mercy of Father's whim, the children have not had the stability Mother desires for them, and the parties are still arguing about one alleged unused overnight from the previous year, despite the fact that Mother has occasioned to give Father custodial time outside of the order. 10. It is Mother's wish and Mother hereby requests that the custody order be modified to (1) limit Father's custody of the children to every other weekend during the school year, with additional weeknight visitation; and (2) modify the 50/50 schedule during the summer, so that Mother's weekday overnights run consecutively. 11. The best interest and permanent welfare of the children will be served by granting relief as requested because: a. A 50-50 schedule was more feasible for the children when the children weren't in school. With Father living approximately 30 minutes from the children's school, the children's weekday schedule are disrupted and impeded by the transportation back and forth; 3 b. Father has been difficult and unyielding regarding the custody schedule. Mother believes that Father is so intent on receiving exactly equal custody that he is disregarding the needs and concerns of the children; C. Mother and her husband have a daughter, the children's half-sister, who is 2 years old. Mother thinks it is important for the children to have significant time together, to build as a family unit; d. With the current custodial schedule, the children are bouncing in and out of Mother's house throughout school year, often without knowing on Sunday whether Father will exercise his additional overnights that week. The children's stability and structure are hampered, and it is significantly more difficult for the children to adjust to and enjoy a schedule; e. Mother is able to provide a stable home and emotional environment for the children; and f. Mother has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 12. Petitioner does not know of a person not a party to the proceedings that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Each parent whose parental rights to the children have not been terminated and all persons who have physical custody of the children have been named as parties to this action. 4 WHEREFORE, Petitioner requests that this Honorable Court modify the controlling custody Order to (1) modify the summer schedule of physical custody, maintaining 50/50 custody during the summer, but changing the parties' weekday ovemights so that Mother's overnights are consecutive; and (2) limiting Father's custodial time during the school year to every other weekend, and weeknight visitation. Dated: 3 A 9 Respectfully Submitted, KOPE & OCIAT S, LLC By: Lesl l J. B am, Esq. 5 VERIFICATION I, Karen L. Kelley, the Petitioner in this matter, have read the foregoing Petition to Modify Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. Dated: d? 6 . i ti .m JUN o 1 2007,.r' MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant IN CUSTODY ORDER OF COURT X?l AND NOW, this 4 day of 2007, upon consideration of the attached Custody Conci ation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 27, 2007 shall remain in full force and effect with the following modifications and additions: 2. Each parry shall be entitled to one full week of physical custody during summer recess from school, provided they give the other parry 30 days prior notice. The week shall include their current custodial periods and not be used so as to extend their physical custody time beyond 7 consecutive days. 3. Any reference to the term "summer" in the prior Order shall refer to the children's school recess for the summer. 4. Paragraph 6 shall be modified such that Father shall give at least 24 hour notice of the exercise of his additional 18 overnights with the children 5. 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 ter s of this Order shall control. B J. cc: Michael A. Scherer, Esquire, Counsel for Father Karen L. Kelley, pro se 1150 Cranes Gap Road Carlisle, PA 17013 TRUE COPY FROM RECORD set my hand JUN 012007 MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, . Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bethany Renee Petrunak November 11, 1999 shared Jessica Leigh Petrunak May 6, 2001 shared 2. A Conciliation Conference was held in this matter on May 31, 2007, with the following in attendance: The Mother, Karen L. Kelley, pro se and the Father, Mark S. Petrunak, with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated February 27, 2007 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator FEB 212007 Mi MARK S. PETRUNAK, Plaintiff V. KAREN L. KELLEY, Defendant IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY :PE, N,SYLVANIA NO. 2005-688 CIVIL; ANION -LAW _. IN CUSTODY ?' . ORDER OF COURT AND NOW, this P)day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated March 10, 2005 is hereby vacated. 2. . The Mother, Karen L. Kelley and the Father, Mark S. Petrunak, shall have shared legal custody of Bethany Renee Petrunak, born November 11, 1999 and Jessica Leigh Petrunak, born May 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent; to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall share physical custody of the children on the following schedule: 4. During the school year, Father shall have the following periods of physical custody: A. Alternating weekends from Friday at 5:30 p.m. to Monday morning when he shall transport the children to Mother in time for school. B. Every Wednesday overnight from 5:30 p.m. to Thursday morning when he shall transport the children to Mother in time for school. C. On the off--week Saturday from 7:00 p.m. to 12:00 noon on Sunday. 5. During the summer Father shall have the following periods of physical custody: A. Alternating weekends from Friday at 530 p.m. to Monday morning; and every Tuesday and Wednesday overnight from 5:30 p.m. Tuesday to Thursday morning. 6. In addition to the above periods of physical custody, Father shall have an additional 18 overnights throughout the year (beginning with the start of school) at times agreed by the parties, including the night before a school holiday or in-service day; during Christmas vacation and the summer. Except that for the year 2007 until school begins, Father shall be entitled to six such overnights. 7. Except as provided herein, Mother shall have physical custody at all other times. 8. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. 9. The parties shall mutually agree to evenly divide up time spent with the children on all major holidays. 10. Transportation shall be shared such that the relinquishing party shall transport, except on Father's Tuesday and Wednesday overnights to Thursday mornings in the summer. In such case Father shall be responsible for all transportation on those days. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages to the point of intoxication prior to transporting the children or be under the influence of any alcoholic beverages which would impair their ability transporting the children. 11. In the event that either party is unavailable to supervise the children during their period of custody for more than four (4) hours, then that party shall notify the other parent immediately and give them the first opportunity for a period of custody with the child or children before requesting the supervision of any other adult. 12. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health. maintenance, and education with a view toward obtaining and following a i• ? r harmonious policy in the child's education and social adjustment. Each party shall keep the other informed of his or her residence, telephone number, cell phone number, and e- mail address to facilitate communication concerning the welfare of the children and visitation period. Each party shall supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and, for each person or entity which may provide daycare for the children. 13. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term `serious illness' as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 14. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 15. 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. Another Conciliation Conference is scheduled for May 23„2401'grNO p.m. BY J. cc: Hannah Herman-Snyder, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father TRUE COPY FRNA RECORD In Testimony v and a seal of "; =et my hand T .. a "e, Pa. y MARK S. PETRUNAK, Plaintiff V. KAREN L. KELLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-688 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bethany Renee Petrunak November 11, 1999 shared Jessica Leigh Petrunak May 6, 2001 shared 2. A Conciliation Conference was held in this matter on February 20, 2007, with the following in attendance: The Mother, Karen L. Kelley, with her counsel, Hannah Herman-Snyder, Esquire, and the Father, Mark S. Petrunak, with his'counsel, Michael A. Scherer, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated March 10, 2005 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. A- ;Z- -07 Q?? k. ,e Date acq line M. Verney, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn(ftopelaw.com Attorney for Petitioner MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA VS. : No: 2005-688 KAREN L. KELLEY, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on this 12"' day of September 2008, 1 served a true and correct copy of the foregoing Petition to Modify Custody Order via regular U.S. First Class mail, postage prepaid, addressed as follows: Michael A. Scherer O'Brien, Baric & Scherer 19 W. South Street Carlisle, PA 17013 KOPE & ASSOCIATES, LLC Juli ehnert Paralegal ' rT- C f? v? r: fi? MARK S. PETRUNAK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN L. KELLEY DEFENDANT 2005-688 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 16, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 16, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - r/.- *v xyol?? :"W. ?* - ,/ jtv Rv?kOj?4 W *71 kp z /rr~ ev --5 a - lp/ - ? h1Vi i?nVIN'VA14NN3d 1?3t, 1° ? I •Z Wd 91 d35 001 30140-037N OCT 2 9 2000c4 MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?1 day of 0X?VG0% , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Orders of Court dated February 27, 2007 and June 8, 2007 are hereby vacated. 2. The Mother, Karen L. Kelley and the Father, Mark S. Petrunak, shall have shared legal custody of Bethany Renee Petrunak, born November 11, 1999 and Jessica Leigh Petrunak, born May 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The parties shall share physical custody of the children on the following schedule: 4. During the school year, Father shall have the following periods of physical custody: A. Beginning the weekend of November 14, 2008 Father shall have three weekends in a row, from Friday at 5:30 p.m. to Monday morning when Father shall drop the children at school. Mother shall then have one weekend and the parties shall alternate thereafter with Father having three weekends and Mother one weekend. B. Every Wednesday overnight from 5:30 p.m. to Thursday morning when Father shall drop off the children at school. C. Mother shall have physical custody at all other times unless set forth herein. 5. During the summer recess from school: A. Mother shall always have physical custody from Monday at 5:30 p.m. to Wednesday at 5:30 p.m. B. Father shall have physical custody from Wednesday at 5:30 p.m. to Friday at 5:30 p.m. C. The parties shall alternate weekends from Friday at 5:30 p.m. to Monday at 5:30 p.m. 6. Each party shall be entitled to one full week of physical custody during the summer recess from school, provided they give the other party 30 days prior notice. The week shall include their current custodial periods and not be used so as to extend their physical custody time beyond 7 consecutive days. 7. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. 8. Holidays: A. Mother shall always have physical custody of the children on Thanksgiving from 10:00 a.m. B. Father shall always have physical custody of the children on Easter from 8:00 a.m. to 5:00 p.m. C. Mother shall always have physical custody of the children on Christmas until 2:00 p.m. Father shall have physical custody of the children from December 25 at 2:00 p.m. to December 31 at 2:00 p.m. D. Mother shall have physical custody of the children on Memorial Day from 10:00 a.m. to 5:00 p.m. E. Father shall have physical custody of the children on July 4th and Labor Day from 10:00 a.m. to 7:00 p.m. 9. Transportation shall be shared such that the relinquishing party shall transport, except on Father's Wednesday's and Thursdays overnights to Friday mornings in the summer. In such case Father shall be responsible for all transportation on those days. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages to the point of intoxication prior to transporting the children or be under the influence of any alcoholic beverages which would impair their ability transporting the children. 10. In the event that either party is unavailable to supervise the children during their period of custody for more than four (4) hours, then that party shall notify the other parent immediately and give them the first opportunity for a period of custody with the child or children before requesting the supervision of any other adult. 11. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party shall keep the other informed of his or her residence, telephone number, cell phone number, and e- mail address to facilitate communication concerning the welfare of the children and visitation period. Each party shall supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the children. 12. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term `serious illness' as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 13. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TVE COURT, Edward E. Guido, J. cc:?eslie Beam, Esquire, Counsel for Mother .Michael A. Scherer, Esquire, Counsel for Father n r'_ . [?V 0C .x.30 COOZ Advil ZHi MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bethany Renee Petrunak November 11, 1999 shared Jessica Leigh Petrunak May 6, 2001 shared 2. A Conciliation Conference was held in this matter on October 28, 2008, with the following in attendance: The Mother, Karen L. Kelley, with her counsel, Leslie Beam, Esquire, and the Father, Mark S. Petrunak, with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court dated February 27, 2007 and June 8, 2007 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 396 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam(o-kopelaw.com MARK S. PETRUNAK, Plaintiff, vs. KAREN L. KELLEY, Defendant. Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 2005-688 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW COMES the Petitioner, Karen L. Kelley, by and through her attorney, Lesley J. Beam, Esquire, and files this, her Petition to Modify Custody Order, of which the following is a statement: 1 2 3 The Petitioner is Karen L. Kelley, currently residing at 1150 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Petitioner' or "Mother"). The Defendant is Mark S. Petrunak, currently residing at 9 Heatherwood Drive, Dillsburg, York County, PA 17019 (hereinafter "Respondent" or "Father"). Petitioner and Defendant are the natural mother and father, respectively, of the following children: Bethany R. Petrunak, born November 11, 1999, currently 9 years of age, and Jessica L. Petrunak, born May 6, 2001, currently 8 years of age (hereinafter the "children"). 4. The children were born in wedlock. Petitioner and Defendant are divorced, and Petitioner is remarried. 5. An Order of Court was issued on October 29, 2008 regarding the custody of the children, after conciliation and upon agreement of the parties. A true and correct copy of said order is attached as Exhibit "A" (hereinafter the "Order"). 6. This Order provides that the parties share legal and physical custody of the children. During the school year, Father receives three out of every four weekends, from Friday at 5:30 pm until Monday morning, and every Wednesday overnight from 5:30 pm until Thursday morning. Mother receives all other time during the school year. During the summer, Mother always has custody from Monday at 5:30 pm to Wednesday at 5:30 pm, Father always has custody from Wednesday at 5:30 pm to Friday at 5:30 pm, and the parties alternate the three day weekends. 7. The Order also mandates custody during the Christmas holiday. During the Christmas holiday, Mother has custody of the children until 2 pm on Christmas Day, and Father receives custody from 2 pm on Christmas day until New Years' Eve at 2 pm. The Order does not mandate, however, that Mother receives the children for the New Years' holiday and the rest of their Christmas break. 8. At the time this Order was agreed upon, the school calendar (and weekends therein) started in such a manner that Mother was able to enjoy time with the children before Christmas, and on New Year's Eve through the rest of the children's holiday break with them. 2 9. This year, however, due to the timing of the holiday in conjunction with the school year, New Years Eve is on a Thursday and that weekend is to be Father's weekend under the rotation. As a result, Mother will get the children Christmas Eve and some of Christmas Day, for one day on New Years' Eve, and will not see them again until after school on their first day back. In 2010, a similar timing will occur, and Father will get the children for nine days straight again. 10. It is not in the children's best interests to be separated from Mother for almost the entirety of their Christmas break from school, but Father has refused to discuss the matter with Mother and concede some of this time so that the children can enjoy part of the holiday break with their mother. 11. Mother is also unable, due to the extremely limited nature of her time with the children during the holiday break, to take the children to see their extended family, including but not limited to the children's only living grandparent. 12. Therefore, Mother has been forced to file the within Petition requesting that the Order be modified to mandate that Mother always gets custody of the children for New Year's Eve at 2 pm for the remainder of their holiday, and/or to divide the children's holiday in a fashion so that the children get to enjoy the benefits of both parents' households during the Christmas break. 13. The best interest and permanent welfare of the children will be served by granting the relief as requested because: 3 a. Children attached meaning to holidays, in particular, to Christmas. Being limited to a day and a half of time with their mother during this Christmas holiday would be upsetting and unfair to the children; b. Father has been difficult and unyielding regarding the custody schedule. Mother believes that Father is so intent on receiving exactly equal custody that he is disregarding the needs and concerns of the children; C. Without enjoying any substantial time with the children during the winter holiday, the children will be unable to visit with their extended family during the break, including their only surviving grandparent; and d. Mother and her husband have a daughter, the children's half-sister, who is 3 years old. Mother thinks it is important for the children to be able to spend time during the holiday season with their sister, as opposed to building resentment against their sibling. 14. Petitioner does not know of a person not a party to the proceedings that has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. Each parent whose parental rights to the children have not been terminated and all persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner requests that this Honorable Court modify the Order to mandate that Mother always gets custody of the children for New Year's Eve at 2 pm until the conclusion of the holiday, and/or to divide the children's holiday in a fashion so 4 that the children get to enjoy the benefits of both parents' households during the Christmas break in a fashion that actually meets their needs. Dated: 3 a? 5 VERIFICATION I, Karen L. Kelley, the Petitioner in this matter, have read the foregoing Petition to Modify Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. Dated: U L. 6 U, L?7 MARK S. PETRIJNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 27, 2007 and June 8, 2007 are hereby vacated. 2 The Mother, Karen L. Kelley and the Father, Mark S. Petrunak, shall have shared legal custody of Bethany Renee Petrunak, born November 11, 1999 and Jessica Leigh Petrunak, born May 6, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall share physical custody of the children on the following schedule: 4. During the school year, Father shall have the following periods of physical custody: A. Beginning the weekend of November 14, 2008 Father shall have three weekends in it row, from Friday at 5:30 p.m. to Monday morning when Father shall drop the children at school. Mother shall then have one weekend and the parties shall alternate thereafter with Father having three weekends and Mother one weekend. B. Every Wednesday overnight from 5:30 p.m. to Thursday morning when Father shall drop off the children at school. C. Mother shall have physical custody at all other times unless set forth herein. During the summer recess from school: A. Mother shall always have physical custody from Monday at 5:30 p.m. to Wednesday at 5:30 p.m. B. Father shall have physical custody from Wednesday at 5:30 p.m. to Friday at 5:30 p.m. C. The parties shall alternate weekends from Friday at 5:30 p.m. to Monday at 5:30 p.m. 6. Each party shall be entitled to one full week of physical custody during the summer recess from school, provided they give the other party 30 days prior notice. The week shall include their current custodial periods and not be used so as to extend their physical custody time beyond 7 consecutive days. 7. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. Holidays: A. Mother shall always have physical custody of the children on Thanksgiving from 10:00 a.m. B. Father shall always have physical custody of the children on Easter from 8:00 a.m. to 5:00 p.m. C. Mother shall always have physical custody of the children on Christmas until 2:00 p.m. Father shall have physical custody of the children from December 25 at 2:00 p.m. to December 31 at 2:00 p.m. D. Mother shall have physical custody of the children on Memorial Day from 10:00 a.m. to 5:00 p.m. E. Father shall have physical custody of the children on July 4ch and Labor Day from 10:00 a.m. to 7:00 p.m. 9. Transportation shall be shared such that the relinquishing party shall transport, except on Father's Wednesday's and Thursdays overnights to Friday mornings in the summer. In such case Father shall be responsible for all transportation on those days. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages to the point of intoxication prior to transporting the children or be under the influence of any alcoholic beverages which would impair their ability transporting the children. 10. In the event that either party is unavailable to supervise the children during their period of custody for more than four (4) hours, then that party shall notify the other parent immediately and give them the first opportunity for a period of custody with the child or children before requesting the supervision of any other adult. 11. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance. and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party shall keep the other informed of his or her residence, telephone number, cell phone number, and e- mail address to facilitate communication concerning the welfare of the children and visitation period. Each party shall supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the children. 12. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term `serious illness' as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 13. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY Edward E. Guido, J. cc: Leslie Beam, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father ;y t X 1 4 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a_kopelaw.com Attorney for Petitioner MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA vs. : No: 2005-688 KAREN L. KELLEY, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on this 26th day of June, 2009, 1 served a true and correct copy of the foregoing Petition to Modify Custody Order via regular U.S. First Class mail, postage prepaid, addressed as follows: Michael A. Scherer O'Brien, Baric & Scherer 19 W. South Street Carlisle, PA 17013 OPE & ASSOCIATES, LLC Ju Wehnert Paralegal FILED -' ti?i 1*iir?c ? F I1-!c ? r ; .. i t'.-. P.,0TAR 2009 A, 30 4 rl o. oo Po AT 1 00 4839 e AWN 14 MARK S. PETRUNAK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN L. KELLEY DEFENDANT 2005-688 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 09, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 06, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 { Ir r -r va Gt rIN 1 r'44 t , LA, r AUG 0 7 20094, MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant IN CUSTODY ORDER OF COURT ? r AND NOW, this Af day of , 2009, upon consideration of the attac ed Custody Conciliate Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 29, 2008 shall remain in full force and effect with the following modification. 2. In the event that Father's weekend coincides with the New Year's Eve holiday, Mother shall have physical custody of the children from New Year's Eve at 2:00 p.m. until the start of school. As make up for losing any overnights, Father shall have physical custody of the children overnight for the same number of corresponding nights as Mother picks up. Father's possible overnight makeup times shall be President's Day, Labor Day and/or Columbus Day. 3. In the event that Father needs a babysitter for any of the three makeup days, Mother shall care for the children during the day. Father shall be responsible for all transportation on those days. 4. 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. S/?i o7 Edward E. Guido, cc: eslie Beam Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father J. A MARK S. PETRUNAK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-688 CIVIL ACTION - LAW KAREN L. KELLEY, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bethany Renee Petrunak November 11, 1999 shared Jessica Leigh Petrunak May 6, 2001 shared 2. A Conciliation Conference was held in this matter on August 6, 2009, with the following in attendance: The Mother, Karen L. Kelley, with her counsel, Jacob M. Jividen, Esquire for Leslie Beam, Esquire, and the Father, Mark S. Petrunak, with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated October 29, 2008 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date cqu ne M. Verney, Esquire Custody Conciliator TI'C R'11111 T 2069 UG 10 Fill ?,. 2 ??