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HomeMy WebLinkAbout05-0749 BENJAMIN M. BURDICK, Plaintiff vs IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ': NO. o:s - 7If9 C;..J -r b-- NICOLE C. BURDICK, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR JOINT CUSTODY I. Petitioner is Benjamin Burdick, who resides at 1826 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011 and has so resided for more than 6 months. 2. Respondent is Nicole Burdick, who resides at 3 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has so resided for more than 6 months. 3. Plaintiff seeks joint custody of the following child: Name Present Residence DOB 5/19/03 Kay1ee M. Burdick-Gaul 3 Ovis Drive, Mechanicsburg The child was born to the marriage. The child is presently in the custody of defendant, who resides at the address in Paragraph 2 in Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Tim and Lois Gaul (MGP) Nicole C. Burdick 3 Ovis Dr. Mechanicsburg b~rth to 4/17/04 Benjamin Burdick Nicole Burdick Tim and Lois Gaul 3 Ovis Dr. Mechanicsburg 4/17/04 - 11/25/04 Nicole C. Burdick Tim and Lois Gaul 3 Ovis Dr. Mechanicsburg 11/25/04 to present The mother of the child is Nicole Burdick, Defendant, currently residing at the address in Paragraph 2. She is single and living separately from plaintiff. The father of the child is Benjamin Burdick, Plaintiff, currently residing at the address in Paragraph 1. He is single and living separately from defendant. 4. The relationship of plaintiff to the child is that off ather. The plamtiff currently resides with the following persons: Name Kitty Kamowski Steve Kamowski Relationship Mother Step-father 5. The relationship ofthe defendant to the child is that of mother. The defendant currently resides with the following persons: Name Tim Gaul Lois Gaul Relationship Father Mother 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 infonnation of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and pennanent welfare of the child will be served by granting plaintiff and defendant joint physical and legal custody of said minor child. 8. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff respectfully requests your Honorable Court to grant joint legal and physical custody rights to plaintiff. Respectfully submitted, ? .' 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 unsworn falsification to authorities. ~.- ,./ - (--_.'"-~-~) V~- aeiiJam' dick /"'-..1 0 ;::::J. , ;;-~) -1"1 CJ'1 ~ "'n '-:'\ P") 'C.!~~ f ??- Jr C) - --"-~ I--' l>' ~ f::) ...... ....J .. " Co,) C C' -, 11\ ..c: ~ ... BENJAMIN M. BURDICK, Plaintiff vs : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ': NO. 05- 7'11 ~ 70_ NICOLE C. BURDICK, Defendant : CIVIL ACTION - CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 To The Honorable, the Judges of the Said Court: Petitioner, BeJtiamin Burdick, by his attorney, SuSan K. Pickford, Esquire, files this petition pursuant to Rule 1915.13 of the Rules of Civil Procedure and respectfully represents the following: 1. Petitioner is Benjamin Burdick, who resides at 1826 Willow Road, Camp Hill, Cwnberland COWlty, Pennsylvania, 170 II. 2. Respondent is Nicole Burdick, who resides at 3 Ovis Drive, Mechanicsburg, Cwnberland COWlty, Pennsylvania 17055. 3. A custody matter is pending at the above docket nwnber. 4. The parties separated on or about November 25, 2004. 5. In the period from the date of separation to present, Defendant has verbally indicated to Petitioner that she may take the minor child and move to North Carolina. Peititioner believes that said move may happen without prior notice or opportunity to protect custodial rights. WHEREFORE, your petitioner respectfully requests this Honorable Court to issue an order immediately, to be confirmed after hearing that neither party take the minor child out of the Commonwealth of Pennsylvania Wltil further order of court. February ( , 2005 I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. 'kJ}--- Benjamin Burdick February r 2005 ~ CD~ ' ~ ;:-; J ..... IN " --.l G 1 r9 Vi c 2 r? , [?; C) C;:l --1'1 en '1 n-! Cte' C:J F;:) c) o-~ BENIAMIN M. BURDICK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-749 CIVIL ACTION LA W NICOLE C. BURDICK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 16, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 22. 2005 . the conciliator, 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. 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 penn anent 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 hearinl(. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator .Y-' 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 -'?,/7'''~ fP -?- ~ ~ 5<N../( ~ fr '2 ~ ~ 50Uc. ~cI f? p. ~~'.47 50-a?:' ,. . q. L' .;"'j ,_ i -._..~,,'.'~": :::.--;1 vs D. S FEB 1 1 2OG5pr : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 0';- 7<11 CU:J {-t..- BENJAMIN M. BURDICK, Plaintiff NICOLE C. BURDICK, Defendant : CIVIL ACTION - CUSTODY ",,,,,^ ORDER AND RULE AND NOW, this ~ day of February, 2005, upon consideration of the within application for special relief and on motion of Susan K. Pickford, attorney for the petiti9uer, the following relief is hereby immediately ordered, pending a hearing on the it- (":)() ,- ~ day of J~ ,2005 a _o'clock~.m., in Court Room ~ of the Cumberland County Courthouse: Until hearing neither party shall take the minor child outside the Commonwealth of Pennsylvania. J. ~ "oS 0'):\\)1 ~~ 'V ~ I'W ~ -0 r:j 91 G~l ~;~~ vs. : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION cusTobY NO. 05-749 Civil Term BEN BURDICK Plaintiff NICOLE BURDICK, Defendant ORDER AND NOW, this 25th day of February 2005, upon consideration of the foregoing Agreement and Stipulation resolving the issues set for Special Petition this date, IT IS HEREBY ORDERED and DECREED as follows: (I) Neither parent shall remove the minor child from the Commonwealth of Pennsylvania pending further order of court, J. 1!\I\ift\lA8NNJd ::-(} ni'.:"F'H~EWH1J \old Z - ~VH sonz NOHlCScl 3Hl :fO lJ!:J:10-Q3ll:! ---------- 02/25/2005 10:16 7175120:37:1 SUSANPICKFORDESQ PAGE 01 FRQM : },upp & Meikle FAX NO. 730 0214 Feb. 25 2005 18:52AM P2 BEN BURDICK, Plaintiff TN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CUSTODY NICOLE BUROICK, Defendant No. 05.749 Civil Term AG:REEMENT AND STIPULATION .. THIS STIPULATION AND AGREEMENT entered into tlri~~day , ....:.,.,...J'.":O' of February, 2005, by and between Plaintiff BEN BURDICK and Defendant NICOLE '.' BURDICK, WHEREAS, a Petition for Special Relief pursuantto 191 :S.l3 was filed by Plainti.ff on February 10,2005 wherein the sole issue wasil request to otder that the mitior child remain within the boundaries of the Commonwealth of penosylvania until final ol'ders of custody are fued, M-lBREAS, said Petition was siglled by the Honorable Judge Guido of Cumberland COWIty granting the Petition pending hearing scheduled for Febnlary 25th at 10:30 am In Courtroom 5, and , WHEREAS, the parties are interested in placing lb.e custody matters on hold dUll! " I ""'" , . '''''.''. _ to Plaintiff's order to II National Guard assignment from February 28, 2005 to June of 2005 lUld attempts to resolve their custody issues outside of court, NOW, THEREFORE, the parties hereby agree and stipulllte to the following: 1. Neither parent shall remove the minor child. from the Commonwealth of Pell1lsylv.ania pending further order of court. 2. The parties acknowledge tha.t entering into this Stipuls.tion and Agreement, there has bt-en no fraud, concealment, overreaching, coereion or other unfalr dealings on thepart of either party. 82/25/2005 10:15 7175120375 SUSANPICKFORDESQ PAGE 02 FRO~ : ~upp & MelklE FAX NO. 730 0214 Feb. 2S 2005 10:52AM P3 3. The parties acknowledge that they have read and undetlltood the provisions of this Stipulation and AgrceweJIt. Each pany lUlknowledges that the Stipulation and Agre=ent is tiUr and equitable and that it is not the result of duress or undue intluenee. IN WITNESS WHEREOF, the parties hereto intending to be legally baUDd by the termll hereof, set forth their hllll.Cfs and seals the day and year above written. WITNESS: .,.:,..,!,',.,.'........-.- 1.(:,. NtCOL~ BURDICK REC IV ED MAR 3 1 ZOO~y' BENJAMIN M. BURDICK Plaintiff IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENN YL VANIA vs. 05-749 CIVIL AclIroN LA NICOLE C. BURDICK Defendant IN CUSTODY ORDER AND NOW, this 29th day of March.2005 , the conciliator, h ving sch duled a conciliation conference on March 22, 2005, at which time neither counsel nor e partie were present, hereby relinquishes jurisdiction. FOR THE COURT, L Dawn S. Sunday, Esquire Custody Conciliator "", , ~~;'; c.,;. j f'.,'. .: :::J! 0, ,'~ - .. McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Defendant v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-749 BENJAMIN M. BURDICK, Plaintiff NICOLE C. BURDICK, Defendant IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant Nicole C. Burdick in the above- captioned case. :];&{72:~ Attorneys for Defendant Dated: October 18, 2005 " CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 18th day of October, 2005, a true and correct copy of the foregoing document was served by certified first-class mail, return receipt requested, restricted delivery, upon the following: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 ~u~4 Counsel for Defendant f""' ~) , (" r~~; (.-J " r~ ;) \..-':1 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Defendant BENJAMIN M. BURDICK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-749 NICOLE C. BURDICK, Defendant IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes Defendant Nicole C. Burdick. by and through her attorneys, McNees Wallace & Nurick LLC, and hereby petitions the Court to modify the Order of Custody entered on February 15, 2005, and in support thereof, avers the following: 1. Plaintiff is Benjamin M. Burdick (hereinafter "Father"), who currently resides at 20 Steven Road. Apt. 8B, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Nicole C. Burdick (hereinafter "Mother"), who currently resides at 3 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of the following minor child: NAME ADDRESS DATE OF BIRTH 5/19/03 Kaylee N. Burdick-Gaul. 3 Ovis Drive Mechanicsburg, PA 4. On June 26, 2003, the parties entered into a stipulation agreement for the custody of the minor child, which gave the parties shared legal custody and primary physical custody to Mother. subject to visitation with Father by mutual agreement of the parties. A true and correct copy of the stipulation agreement for custody of minor child is attached hereto as Exhibit "A." 5. On February 1 0, 2005, Plaintiff filed a Complaint for Joint Custody to the above- captioned matter. 6. On the same date, Plaintiff filed a Petition for Special Relief pursuant to Rule 1915.13. 7. On February 15, 2005, the Court entered an Order and Rule scheduling a hearing on February 25,2005, at 10:30 a.m., and ordering that until the hearing, neither party shall take the minor child outside the Commonwealth of Pennsylvania. 8. On February 16, 2005, an Order of Court was entered scheduling a conciliation before Dawn S. Sunday, Esquire, on March 22, 2005. 9. On February 25, 2005, the parties entered into an Agreement and Stipulation that neither party shall remove the minor child from the Commonwealth of Pennsylvania, pending further Order of Court. A true and correct copy of the Agreement and Stipulation dated February 25. 2005 is attached hereto as Exhibit "B," and incorporated herein. 1 O. In addition, on February 25. 2005, the Court entered an Order reaffirming the parties' Stipulation Agreement that neither party shall remove the minor child from the Commonwealth of Pennsylvania, pending further Order of Court. - 2 - 11. On March 29, 2005, Custody Conciliator. Dawn S. Sunday, Esquire, entered an Order of Court relinquishing jurisdiction of the above-captioned matter as the parties failed to attend the conciliation. 12. The best interests and permanent welfare of the child will be served by entering the Stipulation Agreement for Custody of Minor Child entered into by the parties on June 26, 2003, because said Stipulation is consistent with the parties' custody arrangement since the child's birth and reflects their current custody arrangement. WHEREFORE, Defendant Nicole C. Burdick, respectfully requests that this Honorable Court modify the Order entered on February 25, 2005 to grant shared legal custody and primary physical custody to Mother, subject to Father's visitation upon agreement of the parties. McNEES WALLACE & NURICK LLC By~~"f ~ Attorneys for Defendant Dated: December 20, 2005 - 3 - VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsification to authorities. 1Z~d~ 13~Mjd( I Dated: bee.. \ \, J. 06 S- CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 20th day of December, 2005, a true and correct copy of the foregoing document was served by first-class mail upon the following: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Pamela L. Purdy Counsel for Defendant ~ () VI xJ ~ Q G \l \) , ~ ~~" " - - ~ ~ >3 c' ~ r ?-J - '< C> D t- ---C.... r-" 'fS i;p o ~.::) 1',) - ',-~,' <;;\ ~-a "'\";:., -",0 ";:"'-S() _'.J" _or, -. JJ J(-) -0 ..~:~ In ::1:: , ' ~ '~~:::~ Co ;..:. t,J .' '" o .... ... ,. F,:C=IVED MAR 0 'I 2 r BENJAMIN M. BURDICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-749 CNIL ACTION LAW NICOLE C. BURDICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this &'~ day of fIl~ , 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The provisions ofthe Stipulation Agreement for Custody signed by the parties on June 26, 2003 and attached hereto as Exhibit A, are hereby incorporated into this Order. 2. The Father may file a petition with the Court for the scheduling of an additional custody conciliation conference, if necessary, to review the custody arran nts. BYT Edward E. Guido J. cc: ~n K. Pickford, Esquire - Counsel for Father v!}ebra D. Cantor, Esquire - Counsel for Mother q-() It -DO ()?7 '. '.' i,':') f"'\ \-1. '1 - . r BENJAMIN M. BURDICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-749 CIVIL ACTION LAW NICOLE C. BURDICK Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylee Burdick-Gaul May 19,2003 Mother 2. A custody conciliation conference was held on February 28, 2006, with the following individuals in attendance: The Mother, Nicole C. Burdick, with her counsel, Debra D. Cantor, Esquire. Neither the Father, Benjamin M. Burdick, nor his counsel of record, Susan K. Pickford, Esquire attended the conference. However, the Father's counsel contacted the conciliator to advise that she would not be attending the conference on the Father's behalf as the Father had not responded to her communications. It should be noted that the conference was initially scheduled for January 31, 2006 on the Mother's petition, but was rescheduled due to the Father's unavailability arising from health issues. 3. The parties entered into a written custody stipulation on June 26, 2003 granting the Mother primary physical custody of the Child and providing for supervised visitation with the Father as arranged by agreement. On February 10,2005, the Father filed a Complaint for Custody and a Petition for Special Relief on which the Court scheduled a hearing for February 25, 2005. A custody conciliation conference had also been scheduled for March 22, 2005. On February 25, 2005, the Court entered an Order (based on the parties' agreement) prohibiting either party from removing the Child from the Commonwealth of Pennsylvania. As neither party appeared for the conciliation conference in March 2005, no further action was taken at that time. - .' 4. The Mother filed this petition requesting that the parties' custody stipulation dated June 26, 2003 be entered as a Court Order. 5. Based on the representations made by the Mother at the conference, the fact that the stipulation signed by both parties included a provision providing that either party may obtain a Court Order reflecting the terms of the stipulation, and the fact that the Father did not attend the conference (which was rescheduled on his behalf) or contact the conciliator, the conciliator recommends an Order in the form as attached. c?j/j; 1,;..;1 cA'- ~ Date , :J-u(/v ) DOLv~ j. L'~d~ Dawn S. Sunday, Esquire . Custody Conciliator , , , NICOLE C. GAUL Plaintiff, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA (Y6- 1'-1'1 : No. BENJAMIN M. BURDICK Defendant, : CIVIL ACTION - LAW : CUSTODY STIPULATION AGREEMENT FOR CUSTODY OF MINOR CHILD WHEREAS, the Plaintiff is Nicole C. Gaul, an adult individual who resides at 3 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, the Defendant is Benjamin M. Burdick, an adult individual who resides at 132 Mountain View Drive, Enola, Cumberland County, Pennsylvania. WHEREAS, the minor child of both parties is Kaylee Marie Burdick- Gaul, born May 19,2003. WHEREAS, THE PARTIES Nicole C. Gaul, Plaintiff (hereinafter referred to as "Mother") , and Benjamin M. Burdick, Defendant" (hereinafter referred to as "Father"), have amicably resolved to their mutual satisfaction the issues of custody and visitation regarding their minor child, Kaylee Marie Burdick- Gaul, and do hereby stipulate that the following is the substance of their agreement for custody and visitation of their minor child at the present time. NOW THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: EXHIBIT A I. LEGAL CUSTODY (a) The parties hereby agree to share legal custody of their minor child Kaylee Marie Burdick-Gaul. All decisions affecting the child's growth and development including, but not limited to: special schools and/or instruction; choice of summer camp, if any; choice of day care provider; all necessary medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; public or private school education, whether secular and religious; scholastic athletic pursuits and other extracurricular activities; shall all be considered major decisions and shall be made jointly by the parents of said minor child. All references herein to a child shall relate to the parties' minor child ,Kaylee Marie Burdick-Gaul. (b) Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well being of the child. (c) While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in 2 .~ any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. (d) It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule to follow and to encourage them to participate in the custody plan until otherwise modified. (e) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern or interest to the other parent. (f) The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 3 (g) With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other parent of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature including those relating to medical care shall be the responsibility of the parent having physical custody at the time. (h) Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. (i) Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY 4 . . The parents shall share physical custody of the child, Kaylee Marie Burdick-Gaul, as follows: Mother shall have primary physical custody and, therefore, Mother shall be responsible for determining the best interests of the child with respect to the operation and interpretation of this Agreement; Father shall have partial custody as periodically determined by mutual agreement or by the Court. Failing mutual agreement to the contrary, the parties are entering into the following schedule of custody and visitation, which terms shall apply until more detailed terms can either be mutually agreed between the parties, or imposed by a Court if necessary: a. Visitation with Father shall be upon a mutual agreement basis between the parties. Said visitation shall not be overnight. b. The parties shall cooperate to share holiday time with their minor child on a mutual agreement basis between the parties. c. Each party is permitted to have liberal contact by telephone or visitation with the minor child while the child are in the other party's custody because of the loving relationship both parties have established with their minor child. 5 / d. During any period of custody or visitation, the parties agree not to possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication. e. During Father's visitation with the minor child, there shall be present one of the Father's parents or grandparents for Father's visitation to occur. Intending to be legally bound hereby, this Agreement and Stipulation is entered into between the parties and is understood by the parties that an Order of Court indicating the same may be sought and obtained by either of the parties, the parties have voluntarily signed this Agreement and Stipulation for Custody of Minor Child on this ;2-1 J day of 1i' rY7 (I . 2003. ..Q &"g j C /;J .... / ///dt; WITNESS (Z (/fff NICOLE C. GAUL, Plaintiff 8)ff~(tf,d,d' WITNESS /~P4 BENJAMIN M. BURDICK,Defendant 6 , ... BENJAMIN M. BURDICK, PLAINTIFF, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYL VANIA NO. 2005-749 V. NICOLE C. BURDICK, DEFENDANT. : CUSTODY MOTION TO WITHDRAW AS COUNSEL OF RECORD AND NOW, comes Susan K. Pickford, Esquire, a solo practicioner and respectfully moves for an Order granting leave to withdraw as counsel of record on behalf of Plaintiff. BENJAMIN BURDICK. Counsel has contacted Plaintiff about hiring a new attorney by certified letter and regular mail dated April I , 2006. This action involves a child custody action filed with the Court on February 10, 2005. Circumstances have arisen which would make it exceedingly difficult for Susan K. Pickford, Esquire to continue as Plaintiff's counsel. Permitting Susan K. Pickford, Esquire to withdraw as counsel for Plaintiff would in no way harm his interests. Undersigned counsel therefore respectfully requests that This Honorable Court grant leave to withdraw as counsel of record for Plaintiff in this action and to further grant Plaintiff an additional thirty (30) days to retain new counsel and have his new attorney enter an appearance on his behalf. A copy of this Motion was sent by certified and regular mail to Plaintiff's last known address which is 1826 Willow Road, Camp Hill, P A 1701 L Date: April I, 2006 5) ~....,) .;-.-:;;; '~.r, I C;) r-:.\ l...(:, BENJAMIN M. BURDICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v. : No.: 05-749 Civil Term NICOLE C. BURDICK, Defendant, CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY AND NOW, this a1faay of November 2006, comes the Plaintiff, Benjamin M. Burdick, by and through his undersigned attorneys, MCSHANE & HITCHINGS, LLC, and Joseph L. Hitchings, Esquire, and hereby petitions the Court to modifY the Order of Custody entered on March 8, 2006, and support thereof avers the following: 1. Plaintiff is Benjamin M. Burdick, (hereinafter, "Father"), who currently resides at 2151 Queens Drive, Apt. B-1, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. Defendant is Nicole C. Burdick, (hereinafter, "Mother"), who currently resides at 3 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties hereto are the parents of the following minor child: Name Present Residence DOB 05/19/03 Kaylee M. Burdick-Gaul 3 Ovis Drive, Mechanicsburg P A, 17055 4. On June 26, 2003, the parties entered into a Stipulation Agreement for the custody of the minor child, which gave the parties shared legal custody with primary physical custody to Mother, subject to visitation with Father upon mutual agreement of the parties. A true and correct copy of the Stipulation Agreement for custody of the minor child is attached hereto as "Exhibit A". 5. The Stipulation Agreement for custody restricts the Father from overnight visits and further requires that one of his parents or grandparents be present for the visitation to occur. 6. On February 10,2005, the Father filed a Complaint for joint custody in the above captioned matter, along with a Petition for Special Relief, requesting that neither party be allowed to take the minor child outside the Commonwealth of Pennsylvania. 7. On February 25,2005, the parties entered into an Agreement and Stipulation that neither party shall remove the minor child from the Commonwealth of Pennsylvania pending further Order of Court. A true and correct copy of the Agreement and Stipulation dated February 25, 2005, is attached hereto as "Exhibit B". 8. In addition, on February 25, 2005, the Court entered an Order reaffirming the parties Stipulation that neither party remove the minor child from the Commonwealth of Pennsylvania pending further Order of Court. 9. Plaintiff seeks joint physical custody of the following child: Name Present Address Kaylee M. Burdick-Gaul 3 Ovis Drive, Mechanicsburg PA,17055 DOB 05119/03 The child was born to the marriage. The child is presently in custody of the Defendant, who lives at the address listed in Paragraph 2 above. During the past five {5} years, the child has resided with the following persons and at the following addresses: Tim and Lois Gaul (MGP) Nicole C. Burdick 3 Ovis Drive, Mechanicsburg birth to 0411 7/04 Benjamin Burdick Nicole Burdick Tim and Lois Gaul 3 Ovis Drive, Mechanicsburg 04/17/04-11/25/04 Nicole Burdick Tim and Lois Gaul 3 Ovis Drive, Mechanicsburg 11/25/04 to present The Mother of the minor child is Nicole Burdick, Defendant, currently residing at the address in Paragraph 2. She is living separately from Plaintiff. The Father of the minor child is Benjamin Burdick, Plaintiff, currently residing at the address in Paragraph 1. He is living separately from Defendant. 10. The relationship of Plaintiff to the minor child is that of Father. The Plaintiff currently resides with the following person: Name Amanda Henne Relationship Girlfriend 11. The relationship of the Defendant to the minor child is that of Mother. The Defendant currently resides with the following persons: Name Relationship TIm~~ F~cr Lois Gaul Mother HANE & HITCHINGS, LLC -'~- 12. Plaintiff has participated as a party in other litigation concerning the custody of the minor child as set forth above. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 14. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the minor child 15. The best interest and permanent welfare of the minor child will be served by granting Plaintiff joint physical and legal custody of the minor child. 16. Each parent whose parental rights to the minor child have not been terminated and the pcrson who has physical custody of the minor child have been named as parties to this action. WHEREFORE, Plaintiff, Benjamin M. Burdick, respectfully requests that This Honorable Court enter an Order granting Plaintiff joint legal and physical custody of his minor daughter, Kaylee M. Burdick-Gaul. Respectfully Submitted, seph . Hitc' s, Attorney ID No.: 6 4807 Jonestown Road, Suite 148 Harrisburg, P A 17109 Telephone: 717-657-3900 Attorney for Plaintiff Dated: f 1- /1 - D l:. BENJAMIN M. BURDICK, Plaintiff v. NICOLE C. BURDICK, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 05-749 Civil Term CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Joseph L. Hitchings, Esquire, hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Postal Services Dated: November 17/1..., 2006 Pamela L. Purdy, Esquire, McNees, Wallace & Nurick, LLC 100 Pine Street Harrisburg, P A 17108-1166 VERI FICA TION I, Benjamin M. Burdick, verify that the statements made in this Petition to Modify Custody are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. /1lJov 200(0 Date ~. Bur~ck ,. 4> , l\:C:IVED MAR 0'1 2:'i r BENJAMIN M. BURDICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-749 CIVIL ACTION LAW ORDER OF COURT AND NOW, this ~~ day of /VlJ . 2006. consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon NICOLE C. BURDICK Defendant IN CUSTODY 1. The provisions ofthe Stipulation Agreement for Custody signed by the parties on June 26, 2003 and attached hereto as Exhibit A, are hereby incorporated into this Order. 2. The Father may file a petition with the Court for the scheduling of an additional custody conciliation conference. if necessary, to review the custody arran nts. BYT Edward E. Guido J, cc: ~n K. Pickford, Esquire - Counsel for Father v!)ebra D. Cantor, Esquire - Counsel for Mother ~j-h\ b It A' . . . . ~ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : No. 0"6- '1i q NICOLE C. GAUL Plaintiff, BENJAMIN M. BURDICK Defendant, : CIVIL ACTION.. LAW : CUSTODY STIPULATION AGREEMENT FOR CUSTODY OF MINOR CHILD WHEREAS, the PlaintiH is Nicole C. Gaul, an adult individual who resides at 3 Ovis Drive, Mechanlcsburg, Cumberland County, Pennsylvania. WHEREAS, the Defendant is Beniam'n M. Burdick, an adult individual who resides at 132 Mountain View Drive, Enola, Cumberland County, Pennsylvania. WHEREAS, the minor child of both parties Is Kaylee Marie Burdick- Gaul, born May 19, 2003. WHEREAS, THE PARTIES Nicole C. Gaul, PlaintiH (hereinafter referred to as "Mother") , and Benjamin M. Burdick, Defendant" (hereinafter referred to as "Father"), have amicably resolved to their mutual satisfaction the issues of custody and visitation regarding their minor child, Kaylee Marie Burdick- Gaul, and do hereby stipulate that the following is the substance of their agreement for custody and visitation of their minor child at the present time. NOW THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: EXHIBIT A . . J. LEGAL CUSTODY (a) The parties hereby agree to share legal custody of their minor child Kaylee Marie Burdick-Gaul. All decisions affecting the child's growth and development including, but not limited to: special schools and/or instrudion; choice of summer camp, if any; choice of day care provider; all necessary medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; public or private school education, whether secular and religious; scholastic athletic pursuits and other extracurricular activities; shall all be considered maior decisions and shall be made iointly by the parents of said minor child. All references herein to a child shall relate to the parties' minor child ,Kaylee Marie Burdick-Gaul. (b) Each party agrees to keep the other informed of the progress of the child's education and social adiustments. Each party agrees not to impair the ather party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well being of the child. (c) While in the presence of the chUd, neither parent shall make or permit any other person to make any remarks or do anything which could in 2 ... any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. (d) It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule to follow and to encourage them to participate in the custody plan until otherwise modified. (e) Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern or interest to the other parent. <f) The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 3 I I .. _--------.J (g) With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other parent of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature including those relating to medical care shall be the responsibility of the parent having physical custody at the time. (i) Neither parent shall schedule activities or appointments for the child which would require their a"endance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. (h) Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. II. PHYSICAL CUSTODY 4 The parents shall share physical custody of the child, Kaylee Marie Burdick-Gaul, as follows: Mother shall have primary physical custody and, therefore, Mother shall be responsible for determining the best interests of the child with respect to the operation and interpretation of this Agreement; Father shall have partial custody as periodically determined by mutual agreement or by the Court. Failing mutual agreement to the contrary, the parties are entering into the following schedule of custody and visitation, which terms shall apply until more detailed terms can either be mutually agreed between the parties, or imposed by a Court if necessary: c. Each party is permitted to have liberal contact by telephone or visitation with the minor child while the child are in the other party's custody because of the loving relationship both parties have established with their minor child. a. Visitation with Father shall be upon a mutual agreement basis between the parties. Said visitation shall not be overnight. b. The parties shall cooperate to share holiday time with their minor child on a mutual agreement basis between the parties. 5 -Q~ j Cd:!, /- ut.,!;L WITNESS (ZuW NICOLE C. GAUL, Plaintiff . ... . . d. During any period of custody or visitation, the parties agree not to possess or use any controlled substance, or consume alcoholic beverages to the point of Intoxication. e. During Father's visitation with the minor child, there shall be present one of the Father's parents or grandparents for Father's visitation to occur. Intending to be legally bound hereby, this Agreement and Stipulation is entered into between the parties and Is understood by the parties that an Order of Court indicating the same may be sought and obtained by either of the parties, the parties have voluntarily signed this Agreement and Stipulation for Custody of Minor Child on this di..L- day of 1( . rt1 R , 2003. @;f~/vtd'- WITNESS J;-34 BENJAMIN M. BURDICK,Defendant 6 ----- \ . \ . . \ t:-1-h\bl-Y G . . ','" ,. , 02/25/2005 10: lE, 7175120375 SfJSANPICKF'ORDESQ PAGE 01 . F'R~ : .Rupp & Meikle FAA NO. 130 0214 F'eb. 25 2e05 18: S2~ P2 Plaintiff IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PBNNSYL VANtA BEN BURD1CK . VB. ClVlL ACTION - LAW CUSTODY NICOLE BURDICK, Defendant No. OSa 149 Civil Term AG}lE'F.~NT AND STlPUt.ATION ,:. THIS STIPULATION AND AGREEMENT mt~ into thi~~day ,. ' " '". ';,... '.. , ,"... .t~...:." ..' of February, 2005, by and between Plaintiff BEN BURDICK and tietendarrt NICOLB :'. . BURDICK. WHEREAS, a Petition fot Speci4lllelief pursuant to 191 S.13 vvas filed by Plaintiff OD Febnwy 10,2005 wherein the sole issue was. request to otder that the minor child rem.&in within the boundaries of the Commcmwea1th OfPeI1DS}'lvsnia until final otders of custody are tiled) WHBREAS, said PetitiOd was siped b" the Honorable Judge Guido of Cumberland County granting the Petition pending bearing scheduled for 1l'ebrU8ry 25th at 10:30 am in Courtroom 5. and . WHEREAS, tho parti~ arc interested in placing the custody matters on hold du, r I ...'.. , , " ... ' " ,. ~ ' ' .. ' to Plaintiffs order to a. National Guard 8$$ignment nom February 28. 2005 to June of 2005 and attempts to resolve their custody issues outsidtJ of court, NOW, THEREFORE, the parties hereby agree and stipulate to tbe following: 1. Neither panmt shall remove the minor child from the Commonwealth of Pcmnsylvwa pending furthet order of court. 2. The perties aC:knowledge tbat entering itlto this Stipulation and Agreem.ent,. the~ bas bc:el). no fraucl, concealm.e!.\t, overreaching, <:oercion or other un&ir dealiftgs on the part of either party. "; . 82/2~/20B5 10:15 71 761213375 SUSANPICKFORDESQ PAGE 02 . FRO,!'t ; ~upp & Mejk)~ FAX NO. 730 E1214 Feb. 25 2005 10; 5:2P.M 1=>3 3. The parties ac:knowledee that they have read aD4 UDdctStaod tMl provisions of this Stipulation and Agreement. Ea~h pany edmowledgcs 1bat the Stipulation and Agreement is ~ and equitable aud that it is Dot the RSUlt of duress or undue influence. IN WITNESS WBEREOJ'~ the parties hereto intending to be legally hound by the terms hereof. set: forth their bands and aeals the day and year above written. WITNESS: '~,..' ,....:.' \' !,....,. '-.-..-.- 11IJ.(:,. MCOLJHJUIlDICJl. . , BENJAMIN M. BURDICK, Plaintiff IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No.: 05-749 Civil Tenn NICOLE C. BURDICK, Defendant, CIVIL ACTION - CUSTODY CERTIFICA TE OF SERVICE I, Joseph L. Hitchings, Esquire, hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Postal Services Pamela L. Purdy, Esquire, McNees, Wallace & Nurick, LLC 100 Pine Street Harrisburg, P A 17108-1166 Dated: November / ~2006 g,sep~, itcH's, Esq . re Attorney ID No. 6S-S-~.t 4807 Jonestown Road, SUI 48 Harrisburg, P A 17109 Telephone: (717) 657-3900 Attorney for Plaintiff () ~ ~ f = ~ C =" -':7 (:..~ r li <t.... :r.:n ~~~":r) :z C) j? 7" -< I'll r- -om ~ (..) :f)~ - /...) 0 S~Q ~ ..c , ::r:=H C> e.<) ",. - SJ(~ ...M0- l.., g\ J> ( co (Sr - -.... -1>- 6 ::.1 0 "'.0 -<: U1 =< . " BENJAMIN M. BURDICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 05-749 Civil Term NICOLE C. BURDICK, Defendant, CIVIL ACTION - CUSTODY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ENTRY OF APPEARANCE On Behalf of the Plaintiff, Benjamin M. Burdick, in the above captioned matter, please enter the appearance of: McShane & Hitchings, LLC 4807 Jonestown Road Suite 148 Harrisburg, P A 17109 Supervising Attorney: Joseph L. Hitchings Respectfully submitted, McShane & Hitchings, LLC lI-tl-C>(. \ , BENJAMIN \1 HI 'RDICK. P} amt ill IN THE COURT OF COf\HvlON PLEAS OF CUMBERLAND C'OUNT)', PENNSYLVANIA v. No.: 05-749 Civil Term NICOLE C. BURDICK. Defendant. CIVlL ACTION ... CUSTODY ~ERTIFICAT~_Qf' Sl:RYI(J.= I. Joseph L, Hitchings, Esquire, hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. ~eT\li<.:~.\li9 Fi[st ('jass US Pos1ilIServices Pamela L Purdy, Esquire, McNees, Wallace & Nurick, LLC 100 Pine Street Harrisburg, P A 17108- ] 166 f\- Dated: November Jl., 2006 eph L Hitcliings, EsqUl ttorney 10 No. 65551 4807 Jonestown Road, Suite 148 Harrisburg, P A 17109 Telephone: (717) 657-3900 Attorney for PlaintitT 2 <::. "ucu ~q, ~,;~;'; ~Q ,l~ ~0: ~~~ -/ ~ ~ ~ ...::: c..:> o ~ ~Ei ~~ ::CQ :d ~ a Zrn ~ ~ !: ... m .. o .::~ .......'~, BEJAMIN M. BURDICK PLAINTIFF IN THE COURT or COMMON PLEAS OF CUMBERLAND C<j)UNTY, PENNS YL VANIA v. 05-749 CIVIL CTION LAW NICOLE C. BURDICK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 05,20.06 , upon con ideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursd y, January 04, 2007 , the conciliator, for a Pre-Hearing Custody Conference. At such conference, an effort will b made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard b the court, and to enter into a temporary order. All children age five or older may also be present at the conference. ailure 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 existin Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours pri . r to scheduled hearinl!. FOR THE COURT. at 12:00 PM By: Isl Dawn S. Sunda Es Custody Concili tor ---flU The Court of Common Pleas of Cumberland County is reqUiretbY law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities nd reasonable accommodations available to disabled individuals having business before the court, please on tact our office. All arrangements must be made at least 72 hours prior to any hearing or business before thd court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNE A T ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TE EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE P. Cumberland County Bar Associ tion 32 South Bedford Street Carlisle, Pennsylvania 170 I Telephone (7] 7) 249-3] 66 ~~? ? ~ ~ 1c7.Y-el ,-JI,P ~ /JtI ? ~ ~~ 1cJ.5'q ~ ~ ~ ~4; -P'l "/(7:5-C! \-1''- ,. }\l " v /1\;\;'/ )/\~3) '.,!f";,J.::j'rj lft\!l~-- ~ -. Iw,1 ,f ,', f :r, ",,.'" J""'~r~lnl"\ I',.~ .' ; ,-' ',~ -")":~""."~::;!fV. h,J 01 :ry Wd S- :130 9DOl },tlVlOi1ivl-UDLid 3H1 :10 :OU::!O-031tl JAN t'l 2007 l BENJAMIN M. BURDICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-749 CIVIL ACTION LAW NICOLE C. BURDICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this //,-tIa day of -.U/tAlMJiJ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follow/" 1. The prior Orders of this Court are vacated and replaced with this Order. 2. The Mother, Nicole C. Burdick, and the Father, Benjamin M. Burdick, shall have shared legal custody of Kaylee M. Burdick-Gaul, born May 19, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody ofthe Child, beginning on January 19,2007 for two alternating weekends from Friday after the Father's work through Saturday at a time to be arranged by agreement between the parties. Thereafter, the Father shall have custody of the Child on alternating weekends from Friday evening through Sunday at 1 :00 p.m. In addition, the Father shall have custody of the Child during one evening per week from after the Father's work through 8:00 p.m., with the specific day to be arranged by agreement between the parties. 5. The parties shall share or alternate having custody ofthe Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody ofthe Child during Segment A and the Father shall have custody during Segment B. B. New Year's: The Mother shall have custody of the Child for New Year's Eve and New Year's Day every year. C. Thanksgiving: The parties shall share having custody of the Child on Thanksgiving Day each year, with the Mother having the first part and the Father having the second part of the day so that each party has the Child for Thanksgiving dinner. The Father may have custody of the Child overnight on Thanksgiving night as arranged by agreement between the parties. D. Easter: In every year, the parent who has custody ofthe Child over Easter under the regular alternating weekend schedule shall have custody of the Child until I :00 p.m. on Easter Day and the other parent shall have custody on Easter from I :00 p.m. until 8:00 p.m. E. Independence Day: The parties shall share having custody of the Child on Independence Day each year in such a way as to enable the Father to have custody of the Child for his family picnic. F. Mother's DayIFather's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from the Saturday preceding the holiday at 4:00 p.m. through Sunday at 8:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each parent shall be entitled to have custody of the Child for one uninterrupted week during the summer each year for vacation. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekend period of custody. The parties shall provide each other with at least 30-days advance notice of vacation dates under this provision, with the party providing notice first to receive preference on his or her selection of vacation dates. 7. The parties shall share the responsibility for providing transportation for exchanges of custody as arranged by agreement. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that parent shall provide the other parent with advance notice of the address and telephone number where the Child can be contacted. 10. Within 60 days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary to review the arrangements. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Joseph L. Hitchings, Esquire - Counsel for Father Debra D. Cantor, Esquire - Counsel for Mother BY Edward E. Guido .~ ~. J. J_/1~tJ7 ~. A.LNrC'- , -,: ::~: 1/\; r1J 6S :8 Hd 91 ~Nr iOOZ r :...r~1'! (~Ij,.,!(::._~ ~ ("',~~:,--i :JH1' .In AU v.......\.!j .v, ....,'V"."'_ _J I -J\".,; ::n::'c"J,C)-ml!:l BENJAMIN M. BURDICK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-749 CIVIL ACTION LAW NICOLE C. BURDICK Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylee M. Burdick-Gaul May 19, 2003 Mother 2. A custody conciliation conference was held on January 9, 2007, with the following individuals in attendance: the Father, Benjamin M. Burdick, with his counsel, Joseph L. Hitchings, Esquire, and the Mother, Nicole C. Burdick, with her counsel, Debra D. Cantor, Esquire and Cheryl Krentzman. 3. The parties agreed to entry of an Order in the form as attached. J CtM. 1..10-- C1 Date <1 d-oc 7 I D~& Custody Conciliator