Loading...
HomeMy WebLinkAbout05-4898 JOHN RICHARD KELLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION,LAW : NO. OS- - /.IN? {J~~l~~ IN CUSTODY TINA MARIE KELLER, Defendant COMPLAINT FOR CUSTODY AND NOW, comes John Richard Keller, by his attorneys, Purcell, Krug & Haller and files the fOllowing Complaint for Custody. 1. The Plaintiff is John Richard Keller, residing at 35 Lake Meade Drive, East Berlin, Adams County, Pennsylvania 17316-9234 2. The Defendant is Tina Marie Keller, residing at 8 South Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks custody of the following children: Name Present Residence Age Karissa Caye Keller Becky & Butch Lennington 14 Mt. Gretna, PA Sarah Ann Keller 8 South Simpson Street 8 Mechanicsburg, PA 17055 Rachael Marie Keller 8 South Simpson Street 6 Mechanicsburg, PA 17055 Sarah Ann Keller and Rachael Marie Keller are presently in the custody of the Defendant who resides at 8 South Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania and Karissa Caye Keller is presently in the custody of her aunt and uncle, Becky and Butch Lennington, who reside at Mt Gretna PA. Since birth, the children have resided with the following person and at the following address: Child Name Address Date Karissa Caye Keller Becky and Butch Mt. Gretna, PA 7/05 - Lennington Present Tina Marie Keller 8 South Simpson Street 4/05-7/05 Mechanicsburg, PA Tina Marie Keller 509 West Simpson Street 12/05-4/05 Mechanicsburg,PA Tina Marie Keller 509 West Simpson Street 2000-12/05 John Richard Keller Mechanicsburg, PA Sarah Ann Keller Tina Marie Keller 8 South Simpson Street 4/05,7/05 Mechanicsburg, PA Tina Marie Keller 509 West Simpson Street 12/05-4/05 Mechanicsburg, PA Tina Marie Keller 509 West Simpson Street 2000-12/05 John Richard Keller Mechanicsburg, PA Rachael Marie Keller Tina Marie Keller 8 South Simpson Street 4/05-7/05 Mechanicsburg, PA Tina Marie Keller 509 West Simpson Street 12/05-4/05 ~echarricsburg,PJ\ Tina ~arie Keller John Richard Keller 509 West Simpson Street 2000-12/05 ~echarricsburg,PJ\ The mother of the children is the Defendant who presently is residing at 8 South Simpson Street, ~echarricsburg, Cumberland County, Pennsylvarria. The father of the children is the Plaintiff who presently is residing at 35 Lake ~eade Drive, East Berlin, J\dams County, Pennsylvarria. 4. The relationship of Plaintiff to Karissa Caye Keller, Sarah Ann Keller and Rachael ~arie Keller is that of natural father. The Plaintiff currently resides with the following persons: Beatrice Hosler 5, The relationship of Defendant to Karissa Cay Keller, Sarah Ann Keller and Rachael ~arie Keller is that of natural mother. The Defendant currently resides with the following persons: None 6. The Plaintiff has not Participated as a Party or witness, or in another capacity in other litigation concerning the custody of the children in this or another Court. The Plaintiff has no information of a custody action concerning the children pending in a Court of this Commonwealth. The Plaintiff does not know of a person not a Party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children, except Becky and Butch Lennington. 7. The best interest and permanent welfare of the children will be served by granting the relief requested. The Plaintiff is more capable of Providing for the needs of the children, and the Defendant is unstable and the children desire to live with the Plaintiff, WHEREFORE, the Plaintiff requests the Court to grant him custody of Karissa Caye Keller, Sarah-Ann Keller and RachaeI Marie Keller. Respectfully submitted, PURCELL, !{RUG & HALLER Jo W. Purcell, Jr. .0. 29955 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, 13 4904, relating to unsworn falsification to authorities, a:L {J ::m( JBhn R. Keller Dated: September 8, 2005 CERTIFICATE OF SERVICE I, John W, PurceIl, Jr., Attorney for the Defendant/Petitioner, hereby certifY that a true and correct copy of the foregoing was served on the PlaintifflRespondent by forwarding said copy to her attorney at the foIlowing address, by first class US, Mail on September 8, 2005: Douglas J, Boorstein, Cert, Leg, Intern, The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street, Carlisle, PAl 70 13 ~ r....) d/ V, \t;;;4A4<A.Rk.. HN W, PURCE~L, JR t> LD, NO, 29955 XJ (':::l ~ ~ "- tt "- :-- V) r--> ---- "- = ~Q ~ 0) C> c::::J. """ ~ C/) ~ ~ rr1 -u rn:D ~ r ", :g fTi :b \I c:::> ~~6 ~ -0 -rT C' :r. ;S:!] ::....0 ~~~~ ..;e...m ~ ~ "--'--- :..:j W ;t;, -< .:0 -< o JOHN RICHARD KELLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05,4898 CIVIL TERM TINA MARIE KELLER, Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Tina Marie Keller. in the above captioned case, Respectfully submitted, Jessi olst, Esquire Mi enn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Date: 9:J J. w- JOHN RICHARD KELLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-4898 CIVIL TERM TINA MARIE KELLER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, ofMidPenn Legal Services, attorney for the Defendant, Tina Marie Keller, hereby certify that I have served a copy ofthe foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: VB, First Class Mail. Postage Pre-Paid John W. Purcell, Jr" Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17 I 02 MidPenn Legal Services, Inc. Date: q ;/,'10'- / .,/""' 00 / Jessi a oIst, Esquire Mi enn Legal Services 8 Irvine Row Carlisle, PA 17013 o c .c" i> c:. ?: ~ "', = = <..n (/) rT1 -0 N o -n :2-, n1~- -or-; ~:;t~; (j ',:-;~ ",.( ., :~)l'l ~;! :0 ,<. -.J -u :.:=; w = PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD KELLER v. 05-4898 CIVIL ACTION LAW TINA MARIE KELLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, ]90] State St., Camp Hill, P A ] 70]] on Friday, November 04t.~QQ~.... at ]] :00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issucs 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 prescnt at the confercncc. Failure to appear at the confcrcncc 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 hearing. FOR THE COURT. By: Isl Melissa p, Greevy, Esq. Custody Conciliator pr1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonablc 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 HA VE 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 (7 I 7) 249,3166 ~ $w ~ ~' 44) ~5'{J.H"h . 7::f ~ ~ .~ 50. l:c.~ ~~ fp- :$ ~ ~.-/"{) ji7cep lUNr::''':''~~ r~:,-",. I i",':<:::i'>.jnJ C S :8 lid CZ d3S ~OOZ AtN1UNOHlCdd 31-11 :10 3JI:UQ-Cl31I:l Plaintiff , .r-<'J~-:(~EIVE,D '. l J,," r ~,O 2005 EY:_ /yib IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4898 CIViL TERM ~ JOHN RICHARD KELLER, v. CIVIL ACTION -- LAW TINA MARIE KELLER, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this )1; ~ day of October, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, John Richard Keller and Tina Marie Keller, shall have shared legal custody of the minor children, Karissa Caye Keller, born October 2, 1990; Sarah Ann Keller, born November 16, 1996; and Rachael Marie Keller, born June 10, 1999. 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. 95309, 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the children subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing October 21, 2005, on alternating weekends from Friday at 4:00 p.m. until Sunday at 5:30 p.m. Father will have custody of all three (3) children unless Karissa's therapist has a clinical objection to Kanssa participating in these periods of custody with her Father and sisters. B. Counsel will prepare a joint letter to Mr. Whittaker regarding inclusion of Father in Karissa's therapy. 3. Holidavs. The foll0wing holiday schedule shall supersede the regular schedule: A. Thanksqivinq. Mother shall have custody on Thursday and Friday for Thanksgiving and Father shall have custody on Saturday and Sunday. c:) t:~ -) ,-... ~ ... .~,...; c.....,; - -- NO. 05-4898 CIVIL TERM B. Christmas, Father will have custody for Christmas Eve from 4:00 p.m. until 10:00 p.m. and on Christmas Day from 5:00 p.m. until December 26th at 8:00 p.m, C. Easter. Father shall have custody for the Easter holiday. 4. Summer Vacation. Each parent shall be entitled to up to three (3) non- consecutive weeks of custody to occur one week each in June, July and August. The Summer vacation weeks shall include the vacationing parent's ordinary custodial weekend and shall run from Friday to Friday. 5. The parties shall submit themselves and their minor children to an independent custody evaluation. Father shall bear all expenses associated with the evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 6. The parties may make a fax request to return to the Conciliator to return to the Conciliation prior to hearing if such request is made to the Conciliator's office within ten (10) calendar days of counsel's receipt of the evaluation report. BY THE COURT: Dist: ~n W. Purcell, JL, Esquire, 1719 N. Front Street, Harrisburg, PA 17102 ~ssica Holst, Esquire, 401 E, Louther Street. Suite 103. Carlisle, PA 17013 Plaintiff REC_EIVE,:~3' OCT ~ 0 ?Oll~- ! V1?j I . t IN THE COURT OF CO&JON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA, NO. 05-4898 CIVIL TERM .. JOHN RICHARD KELLER, v. CIVIL ACTION - LAW TINA MARIE KELLER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DA TE OF BIRTH CURRENTLY IN THE CUSTODY OF Karissa Caye Keller Sarah Ann Keller Rachael Marie Keller October 2, 1990 November 16, 1996 June 10, 1999 Maternal Great Aunt & Uncle Mother Mother 2. Father filed a Complaint for Custody on September 20, 2005. A Custody Conciliation Conference was held on October 14, 2005 with the following individuals in attendance: the Father, John Richard Keller, and his counsel, John W. Purcell, Jr., Esquire; the Mother, Tina Marie Keller, and her counsel, Jessica Holst, Esquire. The only existing Order in this matter regarding the children is docketed to 04-5990 in the Court of Common Pleas of Cumberland County, Pennsylvania. This Order is a PFA which was entered on December 8, 2004 and expires on its own terms on June 8, 2006, There is presently pending a petition before the Court filed on September 21, 2005 to terminate or modify the PFA Order. That matter is presently scheduled to be heard on December 2, 2005. 3. Father's position on custody is as follows: Father alleges that Mother is unstable, that the children want to live with him, and that he is more capable providing for their needs. Father is presently residing in Adams County with his mother but is in the process of finalizing the purchase of a home in Mechanicsburg. He expects the real estate settlement to occur the end of October 2005. Father is employed full time in Lemoyne. His full time hours are 7:30 a.m. to 4:00 p.m. He also has a second job at which he works 4:30 p.m. until 1 0:00 p.m. with the exception of the alternating weekends when he has custody of the children. Father objects to Mother having placed Karissa in the care of her Aunt and Uncle, the Lenningtons. The Lenningtons reside in Mt. Gretna, Lebanon County. Father reports that Mother and Karissa have had severe difficulties getting along. The severity of '~ NO. 05-4898 CIVIL TERM the tensions which exist between Karissa and Mother has apparently resulted in physical altercations between the two. Father objects to having been left out of the decision-making regarding Karissa's placement with the Lenningtons. Father also references an incident in which Mother arranged for the police to arrest Karissa. Father also reports that he had custody of Karissa for several weeks in the late Spring. However, he has not had any contact with her since August 2005. Father acknowledged that he had custody of all three children for a week in June over the Summer but declined to exercise additional vacation weeks in July and August due to his inability to get off work to exercise these periods of custody. 4. Mother's position on custody is as follows: Mother resides in Mechanicsburg with the two youngest children. She acknowledges that the oldest child has been with her Aunt and Uncle since July of 2005. She and the child are participating in outpatient therapy at Philhaven in Mt. Gretna. Mother reports that Karissa is being treated for oppositional defiant disorder and premenstrual dysphoric disorder. Mother reports that Karissa had been successfully treated with counseling and medication, However, she reports that Father obtained information regarding the side effects of the medication off the internet, shared it with Karissa and as a result Karissa determined that she would no longer take the medication. Mother reports that she and Karissa are working on improving their relationship and that Karissa has begun to come to her Mother's house on the weekends as part of a planned transition to return to Mother's custody. The goal at this time is for Karissa to return to Mother in January of 2006. Karissa, age 15, is receiving first honors in advanced placement classes as Cedar Crest High School. Mother is working three (3) days a week from 8:30 to 5:00 at Handyman USA in Mechanicsburg. Mother acknowledges that she cut off contact between Father and Karissa about a month ago because she believes that Father is calling Karissa repeatedly saying that she is going to live with him. She reports that Father did not respond to their invitation to come to take pictures of Karissa at homecoming or acknowledge her birthday. Mother points out that although the parties had agreed to a schedule of alternating weekend custody and one week in each of the months of June, July and August during the Summer of 2005, Father was too busy in July and August to exercise those periods of custody. Mother opposes Father's request for primary custody because she claims he has a long history of abusive behavior. She reports that on one occasion, he split Karissa's lip and raised a fist to her. She also reports that he hits the younger girls with brushes and causes welts on their legs. Date ( Melissa Peel Greevy, Esquire Custody Conciliator :261180 JlI" Plaintiff JUll 8 20061' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4898 CIVIL TERM JOHN RICHARD KELLER, v. CIVIL ACTION - LAW TINA MARIE KELLER, IN CUSTODY Defendant OLER, J, --- ORDER OF COURT AND NOW, this t ~ day of July, 2006, upon request of Counsel, the Conciliator relinquishes jurisdiction of this matter from its assignment to custody conciliation. BYTHEC~ BYl )}diu~ Melissa Peel Greevy, Esquire Custody Conciliator Ois!: ~n W. Purcell, Jr" Esquire, 1719 N. Front Street, Harrisburg, PA 17102 ~ica Holst, Esquire, 401 E. Louther Street, Suite 103, Cartisle, PA 17013 0..0 V O<yf\ ''/',TiJ ''\' .") \.1J G I .,C\i' "11i;'Z , 1 'V . <') j ',!' Jvv Plaintiff JUt 1 8 2006 ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4898 CIVIL TERM CIVIL ACTION - LAW JOHN RICHARD KELLER, v. TINA MARIE KELLER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Karissa Caye Keller Sarah Ann Keller Rachael Marie Keller October 2, 1990 November 16, 1996 June 10,1999 Mother Mother Mother 2. The parties returned for a follow-up Custody Conciliation Conference on July 6, 2006, following the completion of the custody evaluation by Deb Salem. In attendance at the Conference were the following individuals: Father, John Richard Keller, and his counsel, John W. Purcell, Jr., Esquire; Mother, Tina Marie Keller, and her counsel, Jessica Holst, Esquire. 3. The parties discussed modification to the existing Order in light of the custody evaluation report. Father indicated that he did not want the Conciliator to schedule a hearing at this time. Counsel have agreed to exchange proposals modifying the existing Order and have been given instructions with regard to the process of having a stipulation adopted as an Order of Court. Accordingly, the Co lato ill relinquish jurisdiction of this matter to the Court. 7 /11/~p Date ! ~ Melissa Peel Greevy, Esquire Custody Conciliator :278832 o DEe 13 2006pr\ JOHN RICHARD KELLER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4898 CIVIL TERM TINA MARIE KELLER, Defendant : CUSTODY ORDER AND NOW, this ~ day of December, 2006, on consideration of the Plaintiff's Complaint for Custody, and after the Custody Conciliation Conference, both parties and their counsel, have agreed to the terms set forth in this Order, and as a result, it is hereby ORDERED, ADJUDGED and DECREED that the custody of the parties' minor children, Karissa Caye Keller, born October 2, 1990; Sarah Ann Keller, born November 16, 1996; and Rachel Marie Keller, born June 10, 1999, shall be as follows: 1. The parties shall share legal custody of the children as that term is defined in Pa.C.S.A. ~5302. Major decisions concerning the children, including but not necessarily limited to, the children's health, welfare, education, religious training, and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising the >- 0 ~ - ")- <( - ~~ I:::' (" U.J ~-"; ) ~,,"2 f'.: -"- ;?2~ 0- I"l ,", -::!' uJQ: ~:;d ttJ (-:J ~:c Lu I- 0 LL '-0 .;:-,.. 0 = =5 <= ~ (.) children, keeping in mind the children's best interest being paramount. Each party agrees not to attempt to alienate the affections of the children from the other party, and neither party shall make disparaging remarks about the other in the presence of the children, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning the children that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning the children, and to receive any and all relevant reports or other written information generated by such individuals concerning the children, and a copy of this Order shall act as authority to any such professional to release information regarding the children to either parent, upon request. 2. Mother shall have primary physical custody of the children while Father shall enjoy partial physical custody as set forth herein. 3. Father's periods of partial custody shall be as follows: a. Alternate weekends from 4:00 p.m. through Sunday at 6:30 p.m., or at times otherwise mutually agreeable to both parents. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control of the parties. b. At anytime Father has the children for a weekend where there is a Monday Holiday, except for the Monday Holidays defined in Paragraph e(i), Father's custody will be expanded to include that Monday and the children will be returned at 6:00 p.m. Monday, if Father elects to keep them for the extra day. If his work schedule does not allow, or he is otherwise unable to exercise custody for the additional day, he shall communicate that fact to Mother. c. Summer: 1. For Summer 2006, Father shall be entitled to one week, provided that at least two weeks notice is given to Mother. Such week shall not be taken during the periods July 19 through July 22 or August 9 through August 11, as those days are already scheduled for Mother's summer vacation. 11. For subsequent summers, Father shall be entitled to at least one week vacation provided that thirty (30) days notice is given to Mother. Additionally, should Father's work schedule or second job allow, Father may have additional weeks during the summer up to three non-consecutive weeks, provided thirty (30) days notice is given to Mother. Such additional weeks in the summer shall also be conditioned upon Father completing counseling pursuant to the recommendations of Debra L. Salem, Custody Evaluator, and that Father remedies the lack of order and cleanliness in his home. d. Such other times and dates as the parties may from time to time mutually agree. 4. Holidays 1. The parties shall alternate holiday periods (defined as 6:30 p.m. on the day of the children's last day at school through 6:30 p.m. on the day prior to the children's return to school) consisting of Memorial Day Weekend; July 4th, and weekend if applicable; Labor Day Weekend; Thanksgiving Holiday; and January 1st, with weekend if applicable; and Easter. 11. The parties shall begin the schedule with Father having every holiday except Easter in even years. Mother will have every holiday except Easter in odd years. 111. The Christmas Holiday period shall be divided into Segment A and Segment B, with Segment A beginning at 12:00 p.m. December 24 through 2:00 December 25, and Segment B being from 2:00 December 25 through 12:00 December 26. The parties shall alternate the divided periods from year to year, with Father having Segment A in 2006. iv. Holidays shall supersede weekend custody. 5. The right of first refusal after four (4) hours of unavailability by the custodial parent will be instated. If either party is unable to be with the children for more than four (4) hours during his or her custodial parent, that parent must offer the other parent the opportunity to provide child care for the children during that time period. 6. Transportation: The parent receiving the children shall provide the transportation for all partial custody periods. Both parents shall share cell phone numbers for each other, and shall communicate with each other in the event of problems or delays in transportation. 7. Both parties will fully comply with any medical treatment regarding the children and their necessary prescription medications and will provide all such medications during their respective periods of custody. 8. Neither party shall use controlled substances during their periods of custody with the children. In addition neither party will smoke around the children during their custodial periods. 9. Both parties shall be entitled to reasonable telephone access to the children while the children are with the other party, and neither party shall frustrate the other party's reasonable telephone access to the children. 10. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is direct between the parties, and not through the children. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 11. Based on the recommendation of the Custody Evaluator, the parties will attend three (3) co-parenting counseling sessions in order to establish a parallel parenting plan. 12. This Court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writing to transfer jurisdiction to any other appropriate Court. BY THE COURT: , .. Distribution: John W. Purcell, Jr., Esq., 1719 Front Street, Harrisburg, PA 17102 Jessica Holst, Esq. MidPenn Legal Services, 401 E. Louther Street, Suite 103, Carlisle, PA 17013