Loading...
HomeMy WebLinkAbout06-3572 CHADWICK CLAY-ALLEN LUNDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY CuxF T?,. KAREN DIANE LUNDY, 06 - YS72 Defendant COMPLAINT/PETITION FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Chadwick Clay-Allen Lundy, an adult individual who currently resides at 815 Appletree Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Karen Diane Lundy, an adult individual whose residence is unknown. 3. The Plaintiff and Defendant are husband and wife having been married on July 1, 1989. 4. The parties are, the natural parents of the minor children, Kaitlyn M. Lundy, D.O.B. February 22, 1995, and James Richmond Lundy, D.O.B. May 8, 1996 (hereinafter referred to as "children"). 5. Plaintiff seeks an award of primary or equally shared physical and legal custody of the children. 6. The children who are the subject of the instant custody petition have resided with Plaintiff and Defendant since birth. 7. The father of the children is Plaintiff who resides at the address set forth above. He is married to Defendant. 8. The mother of the children is Defendant. It is unknown where Defendant currently resides. She is married to the Plaintiff. 9. The Plaintiff is the natural father of the children. Plaintiff currently resides alone. 10. The Defendant is the natural mother of the children. It is believed that Mother lives with the children and defendant's mother, Judy Stum. 11. A current temporary custody order exists in association with a Protection from Abuse Action docketed to No. 06-3230 in the Court of Common Pleas of Cumberland County, Pennsylvania. A copy of the custody provision is attached hereto as Exhibit "A" 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates and transportation schedules for custodial purposes. 14. The best interests and permanent welfare of the children will be served by ordering that both parties share legal custody of the children and directing that the parties share physical custody of the children for the following reasons: (A) Plaintiff has been extensively involved in the childrens' lives and the care of the children since the childrens' birth. (B) Plaintiff has as much time available to participate in 2 the care of the children as the does the Defendant. (C) The best interest of the children will be served by the children spending substantial periods of time with each parent. 15. Plaintiff is capable of insuring a supportive and loving environment for the children, and insuring that the children are properly cared for, including making arrangements for day care, when necessary. 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Chadwick Clay-Allen Lundy, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff primary physical or shared custody with substantial periods of physical custody to Defendant. Respectfully submitted, Date: June 2006 \ C And ew C. Sheely, Esquire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 3 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.,9. Section 4904 relating to unsworn falsification to authorities. Date: June a , 2006 Chadwick Clay-Allen Lundy Karen Diane Lundy, and minor children, : IN THE COURT OF COMMON Kaitlyn Michelle Lundy and James Richmond : PLEAS OF Lundy, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA V. : No. 06-3230 Chadwick Clay-Allen Lundy, Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Chadwick Clay-Allen Lundy Defendant's Date of Birth: February 10, 1965 Defendant's Social Security Number: 369-90-9887 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names 1. Karen Diane Lundy 2. Kaitlyn Michelle Lundy 3. James Richmond Lundy Dates of Birth March 28,1965 February 22, 1995 May 8,1996 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, this 14th Day of June, 2006 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: 11 n/( Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 3. Except as provided in Paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 4. Custody of the following minor children: 1. Kaitlyn Michelle Lundy 2. James Richmond Lundy shall be as follows: . Beginning Friday, June 16, 2006, and on alternating weekends thereafter, Defendant shall have periods of partial physical custody from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Additionally during weeks when Defendant does not have weekend visits, he will have the children from Tuesday at 5:00 p.m. until the next morning before he goes to work. The custody exchanges shall take place at Karns on the Carlisle Pike. Any changes or alterations to the schedule can be discussed by the parties in a non-threatening, non-harassing manner and such communication shall not be deemed a violation of this order. This schedule will remain in place until further order by a custody proceeding. IN-Qndu'i ?Vlam kck, rtc?Jrn' 6L, "jlh_ L?+?'1'C.v? w,{1. -h. C (?.,,QJ/e'. 5. Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this order. Defendant is directed to relinquish to the sheriff any firearm, other weapon or ammunition listed in petitioner's Attachment A, and any firearms license Defendant may possess. \?J '? ` ?e `?\ r ,_.? ,-? ?-? -y -„ .? - --.-„ ??,r .. _,??. f? ... } ?? ? t ?? (.P1 ,-. CHADWICK CLAY-ALLEN LUNDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN DIANE LUNDY DEFENDANT 06-3572 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 28, 2006 , 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, 1901 State St., Camp Hill, PA 17011 on Friday, August 25, 2006 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greew, Eso. Ad 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 ice' z '7 ,?o- a£:,J 40 0£ #7 f? ' Constance P. Brunt, Esquire Supreme Court ID /29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cobruntilkPbruntlaw.com CHADWICK CLAY-ALLEN LUNDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN D. LUNDY, Defendant CIVIL ACTION - LAW NO. 06-3572 CIVIL IN CUSTODY STIPULATION OF THE PARTIES FOR ENTRY OF INTERIM ORDER OF CUSTODY AND NOW, come the parties, CHADWICK CLAY-ALLEN LUNDY and KAREN D. LUNDY, and their respective counsel, ANDREW C. SHEELY, ESQUIRE, and CONSTANCE P. BRUNT, ESQUIRE, and stipulate as follows: 1. Plaintiff, CHADWICK CLAY-ALLEN LUNDY, filed a Complaint/Petition For Custody on June 22, 2006, in the above-captioned matter. 2. The matter is presently scheduled for a Pre-Hearing Custody Conference before Melissa Peel Greevy, Esquire, Custody Conciliator, on August 25, 2006. 3. The parties are presently subject to an Protection From Abuse Order, entered on June 14, 2006 to Docket No. 06-3230 Civil Term, pursuant to which the minor children of the parties, Kaitlyn Michelle Lundy (DOB 2/22/95) and James Richmond Lundy (DOB 5/8/96) are in the primary custody of Defendant, KAREN D. LUNDY. 4. The parties have agreed to the entry of an Interim Order Of Court in this matter to permit Plaintiff, CHADWICK CLAY-ALLEN LUNDY, to exercise an extended period of custody of the children for the purpose of taking them on vacation prior to the scheduled Pre-Hearing Custody Conference on August 25, 2006. 5. The parties acknowledge that this Stipulation is applicable only to the summer of 2006, and that they are entering into it without prejudice to their discussion of vacation arrangements for future summers. 6. The parties and their respective counsel stipulate and agree to the entry of an Interim Order Of Court in the proposed form attached hereto. CHADWICK CLAY-ALLEN LUNDY Plaintiff /1-et)osv??L ANDREW C. SHEELY, ESQUIRE Counsel for Plaintiff KAREN D. LUNDY Defendant CONSTANCE P. BRUNT, ESQUIRE Counsel for Defendant -2- ' RECEIVED AUG 0 2 2006 Constance P. Brunt, Esquire Supreme Court ID 028833 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cobrunb@cpbruntlaw.com CHADWICK CLAY-ALLEN LUNDY, Plaintiff V. KAREN D. LUNDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3572 CIVIL IN CUSTODY INTERIM ORDER OF COURT tti AND NOW, this 9 day of August, 2006, pursuant to the Stipulation Of The Parties For Entry Of Interim Order Of Court filed herein, IT IS HEREBY ORDERED as follows: A. Plaintiff, CHADWICK CLAY-ALLEN LUNDY, shall have physical custody of the minor children of the parties, Kaitlyn Michelle Lundy (DOB 2/22/95) and James Richmond Lundy (DOB 5/8/96), from 6:00 p.m. on Thursday, August 3, 2006, through 9:00 a.m. on Sunday, August 13, 2006, for purposes of taking the children on vacation to Columbiaville, Michigan. B. Defendant, KAREN D. LUNDY, shall enjoy reasonable telephone contact with the children during the foregoing vacation on a daily basis by cell phone. Plaintiff shall make the children available for such telephone calls by Defendant and shall ensure that his cell phone and the cell phones of the children are with them and turned on during waking hours. In the event that the children are unavailable when the Defendant calls, Plaintiff shall have them return the call within a reasonable period of time that same day. C. Because the planned vacation with Plaintiff will result in the children being with him for 3 weekends in a row, Defendant will have custody of the children during the weekend of August 25th through 27th, 2006, rather than their being with Plaintiff as normally scheduled. D. Except as set forth herein, the provisions for custody of the children as set forth in the Protection From Abuse Order, entered on June 14, 2006, to Docket No. 06-3230 Civil Term, shall remain in full force and effect. E. The parties shall attend the scheduled Pre-Hearing Custody Conference before Melissa Peel Creevy, Esquire, Custody Conciliator, on August 25, 2006, to address the Complaint/Petition For Custody filed by Plaintiff herein on June 22, 2006. BY THE COURT: Distribution To: r J. ORNEY FOR PLAINTIFF: ATTORNEY FOR DEFENDANT: ndrew C. Shealy, Esquire onstance P. Brunt, Esquire 127 South Market Street Beaufort Professional Center P.O. Box 95 1820 Linglestown Road Mechanicsburg, PA 17055 Harrisburg, PA 17110-3339 fD 0 -2- Constance P. Brunt, Esquire Supreme Court ID 829933 Beaufort Professional Center 1020 Linglestown Road Harrisburg, PA 17110 (717)232.7200 cobruntAlcobruntlaw.com CHADWICK CLAY-ALLEN LUNDY, Plaintiff V. KAREN D. LUNDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 06-3572 CIVIL : IN CUSTODY STIPULATION OF THE PARTIES FOR ENTRY OF INTERIM ORDER OF CUSTODY AND NOW, come the parties, CHADWICK CLAY-ALLEN LUNDY and KAREN D. LUNDY, and their respective counsel, ANDREW C. SHEELY, ESQUIRE, and CONSTANCE P. BRUNT, ESQUIRE, and stipulate as follows: 1. Plaintiff, CHADWICK CLAY-ALLEN LUNDY, filed a Complaint/Petition For Custody on June 22, 2006, in the above-captioned matter. 2. The matter is presently scheduled for a Pre-Hearing Custody Conference before Melissa Peel Greevy, Esquire, Custody Conciliator, on August 25, 2006. 3. The parties are presently subject to an Protection From Abuse Order, entered on June 14, 2006 to Docket No. 06-3230 Civil Term, pursuant to which the minor children of the parties, Kaitlyn Michelle Lundy (DOB 2/22/95) and James Richmond Lundy (DOB 5/8/96) are in the primary custody of Defendant, KAREN D. LUNDY. 4. The parties have agreed to the entry of an Interim Order Of Court in this matter to permit Plaintiff, CHADWICK CLAY-ALLEN LUNDY, to exercise an extended period of custody of the children for the purpose of taking them on vacation prior to the scheduled Pre-Hearing Custody Conference on August 25, 2006. 5. The parties acknowledge that this Stipulation is applicable only to the summer of 2006, and that they are entering into it without prejudice to their discussion of vacation arrangements for future summers. 6. The parties and their respective counsel stipulate and agree to the entry of an Interim Order Of Court in the proposed form attached hereto. CHADWICK CLAY-ALLEN LUNDY ANDREW C. SHEELY, ESQUIRE Plaintiff Counsel for Plaintiff KAREN D. LUNDY Defendant 4 R4 CONSTANCE P. BRUNT, ESQUIRE Counsel for Defendant -2- . _.? r". 1 4'' ,? ?,i'_ } rti } ;, ' < . A SEP 0 5 2006 CHADWICK CLAY-ALLEN LUNDY, IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3572 CIVIL TERM V. CIVIL ACTION - LAW KAREN DIANE LUNDY, : IN CUSTODY Defendant Guido, J. - - ORDER OF COURT AND NOW, this JA day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Chadwick Clay-Allen Lundy and Karen Diane Lundy, shall have shared legal custody of the minor children, Kaitlyn M. Lundy, born February 22, 1995, and James Richmond Lundy, born May 8, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 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 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 subject to Father's rights of partial custody, which shall be arranged as follows: A. Commencing August 31, 2006, on alternating weeks, from Thursday after school until Sunday at 5:00 p.m. B. Commencing September 5, 2006, on alternating Tuesdays, from after school until the following morning when the children are taken to school. C. At such other times as the parties may agree. NO. 06-3572 CIVIL TERM 3. Transportation. Father may pick up the children from school at the beginning of his custodial, or he may pick up the children at Mother's home, provided that Father remains in the vehicle at the time of the custodial exchange. This will be considered a curb- side pickup. In a curb-side pickup, Father will call the children to let them know when his arrival at Mother's residence is imminent. It will be Mother's responsibility to have the children ready for the custodial exchange, with their cell phones on. 4. Telephone contact. The non-custodial parent shall be entitled to one contact per day, between 6:30 p.m. and 8:30 p.m. The children shall be permitted to call the non- custodial parent upon their request. 5. Summer Custodial Schedule. Beginning the first Monday in July, the parents shall have custody on alternating weeks during the summer. This custodial schedule shall continue until the Sunday of the week before school begins. In odd numbered years, the first week in July shall be Father's week of custody; in even numbered years, the first week of July shall be Mother's week of custody. 6. Vacation. Each parent shall be entitled to use one 10-day block of custody each summer, which block shall include their regular custodial week. Mother shall provide notice of her intended 10-day block no later than May 1. Father shall provide Mother with not less than thirty (30) days notice of his intended 10-day block. In the event of a conflict, the party first providing written notice to the other shall have the choice of vacation. 7. Holidays. schedule. The attached holiday schedule shall supersede the regular Dist: Andrew C. Sheeley, Esquire, 127 S. Market Street, Mechanicsburg, PA 17055 c, Constance P. Brunt, Esquire, Beaufort Professional Center, 1820 Linglestown Roi Harrisburg, PA 1711 ?} Edward E. Guido, J. i n . -) ! I I'! ( - !?? - ? I- n ? ".7 DOCKET 06-3572 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 10am to 8:30pm Father Mother Memorial Day From 6pm Friday until 5pm Monday Mother Father Labor Day From 5pm Friday until 5pm Monday Father Mother (effective 2008) Thanksgiving 1St Half From 6pm the evening before Mother Father Thanksgiving Day to 5pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 5pm the day after Thanksgiving Day Christmas 1St Half From 12pm on 12/24 to 12pm on Father Mother 12/25 Christmas 2nd Half From 12pm on 12/25 to 12pm on Mother Father 12/26 Mother's Day From 10am until 8:30 pm Mother Mother Father's Day From 10am until 8:30 pm Father Father New Year's Eve From 12pm December 31 to 10am Father Mother (December 31" determines the January 1 year this holiday is observed, i.e., 12/31/06 is an even year; 12/31/07 is an odd year) New Year's Day From 10am January 1 to 8:30pm Mother Father 282425 CHADWICK CLAY-ALLEN LUNDY, Plaintiff I I?y - IN THE COURT OF COMMON PLEAS _ CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3572 CIVIL TERM V. KAREN DIANE LUNDY, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kaitlyn M. Lundy February 22, 1995 Mother James Richmond Lundy May 8, 1996 Mother 2. Father filed a Complaint for custody on June 22, 2006. A Custody Conciliation Conference was held on August 25, 2006. Present for the conference were: the Father, Chadwick Clay-Allen Lunch, and his counsel, Andrew C. Sheely, Esquire; the Mother, Karen Diane Lundy, and her counsel, Constance P. Brunt, Esquire. It is noted that there is a Protection From Abuse of June 14, 2006 docketed to 06- 3230, under which the children and Mother are protected persons. This Order was entered as a consent Order with no finding of abuse. However, the Order provides for periods of partial custody for Father. 3. The parties reached an agreement in Date an Order as attached. :282424 ivienssa reel ureevy, tsquire Custody Conciliator Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CHADWICK CLAY-ALLEN LUNDY, Plaintiff/Petitioner VS. KAREN DIANE LUNDY, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 06 - 3572 CIVIL TERM PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY IN RE: SEPTEMBER 6, 2006 ORDER OF COURT Plaintiff, Chadwick Clay-Allen Lundy, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Petition for Modification of a Custody Order, and respectfully states as follows: 1. Plaintiff is Chadwick Clay-Allen Lundy, an adult individual with a current address of 176 State Road, Mechanicsburg, Township of Silver Spring, Cumberland County, Pennsylvania, 17050. 2. Defendant is Karen Diane Lundy, an adult individual with a current address of 5 Shady Lane, Mechanicsburg, Township of Silver Spring, Cumberland County, Pennsylvania. 3. On or about September 6, 2006, the Court of Common Pleas of Cumberland County entered a custody order involving the parties minor children, namely Kaitlyn M. Lundy, born February 22, 1995, and James Richmond Lundy, born May 8, 1996. A copy of the custody order is attached hereto as Exhibit "A". 4. Plaintiff/Petitioner and Defendant/Respondent maintain single-family residences within one mile of each other in the same middle school zone of the Cumberland Valley School District. 5. Plaintiff currently lives alone. 6. Defendant/Respondent currently resides alone. 7. Plaintiff seeks to modify the current custody order as follows: a. Granting Plaintiff/Petitioner shared physical custody of the minor children on an alternating weekly basis commencing with the 2008-2009 school year, beginning on Monday night through the following Monday morning; and b. Granting Plaintiff/Petitioner more liberal telephone access and communication access with the minor children, including requiring Defendant/Respondent to refrain from damaging and turning off cell phones provided for the children by Plaintiff/Petitioner to permit reasonable cell phone contact. 8. The minor children are two years older since the prior custody order and the parties have now divorced. 9. The best interests of the children are served by permitting them to spend more time with Plaintiff/Respondent who is fully able and capable of sharing custody with Defendant/Respondent to meet the best interests of the minor 2 children. 10. A Protection from Abuse Order entered upon agreement of the parties without the finding of any abuse has existed for a period of nearly two (2) years without further incident and Plaintiff/Petitioner intends to file a Petition in such case to terminate and/or modify the Protection from Abuse Order. 11. The minor children are comfortable with the new residence of Plaintiff/Petitioner's and the children have their own bedrooms, privacy and, if needed, close access to Defendant. 12. Plaintiff/Petitioner's job schedule has changed and he now has more time available to participate in the children's activities at school and other extracurricular events. 13. Extended time is warranted where the best interests of the children can be met by increasing their time with their father, Plaintiff/Petitioner. 14. Each parent whose parental rights to the children have been established by prior Court order are the named parties to this action and Plaintiff/Petitioner does not know of any other interested parties. 15. A period of nearly two years has expired since the filing of a prior custody petition and the subsequent entry of the current Order of Court. 16. A custody conference is necessary to address the communication difficulties between the parties. 3 WHEREFORE, Plaintiff/Petitioner, Chadwick Clay-Allen Lundy, respectfully requests that this Honorable Court modify the existing custody order to grant Plaintiff/Petitioner shared physical custody and more liberal telephone contact with the minor children, together with the other relief sought in this Petition for modification. Respectfully submitted, May -30 2008 AA)C Andrew C. Sheely, Esqui e PA ID 62469 Attorney for Plaintiff/Petitioner 127 South Market Street Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 4 VERIFICATION If Chad Clay-Allen Lundy, Plaintiff/Petitioner, hereby verify that the factual allegations set forth in the attached petition are true and correct to the best of my knowledge, information and belief. May ?j u , 2008 Chadwick Clay-411en Lundy s Exhibit "A" S L r 0 5 2006 HADWICK CLAY-ALLEN LUNDY, IN THE COURT OF CO - - _ _ _ _ -QF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3572 CIVIL TERM V. CIVIL ACTION - LAW 6REN DIANE LUNDY, IN CUSTODY Defendant uido, J. - - ORDER OF COURT AND NOW, this day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as ollows: 1. Legal Custody. The parties, Chadwick Clay-Allen Lundy and Karen Diane Lundy, shall have shared legal custody of the minor children, Kaitlyn M. Lundy, born February 22, 1995, and James Richmond Lundy, born May 8, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 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 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 subject to Father's rights of partial custody, which shall be arranged as follows: A. Commencing August 31, 2006, on alternating weeks, from Thursday after school until Sunday at 5:00 p.m. B. Commencing September 5, 2006, on alternating Tuesdays, from after school until the following morning when the children are taken to school. C. At such other times as the parties may agree. O. 06-3572 CIVIL TERM 3. Transportation. Father may pick up the children from school at the beginning f his custodial, or he may pick up the children at Mother's home, provided that Father :mains in the vehicle at the time of the custodial exchange. This will be considered a curb- ide pickup. In a curb-side pickup, Father will call the children to let them know when his rrival at Mother's residence is imminent. It will be Mother's responsibility to have the hildren ready for the custodial exchange, with their cell phones on. 4. Telephone contact. The non-custodial parent shall be entitled to one contact er day, between 6:30 p.m. and 8:30 p.m. The children shall be permitted to call the non- ustodial parent upon their request. 5. Summer Custodial Schedule. Beginning the first Monday in July, the parents hall have custody on alternating weeks during the summer. This custodial schedule shall ontinue until the Sunday of the week before school begins. In odd numbered years, the rst week in July shall be Father's week of custody; in even numbered years, the first week f July shall be Mother's week of custody. 6. Vacation. Each parent shall be entitled to use one 10-day block of custody each summer, which block shall include their regular custodial week. Mother shall provide notice of her intended 10-day block no later than May 1. Father shall provide Mother with not less than thirty (30) days notice of his intended 10-day block. In the event of a conflict, the party first providing written notice to the other shall have the choice of vacation. 7. Holidays. The attached holiday schedule shall supersede the regular schedule. B Edward E. Guido, J. Dist: Andrew C. Sheeley, Esquire, 127 S. Market Street, Mechanicsburg, PA 17055 Constance P. Brunt, Esquire, Beaufort Professional Center, 1820 Linglestown Road, Harrisburg, PA 17110 T? WPY FROM R£Ctl whenW, I Mare uft oro of std Caa at Ca my rNft p, hli&\ `7 ?_?Y DOCKET 06-3572 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 10am to 8:30pm Father Mother Memorial Day From 6pm Friday until 5pm Monday Mother Father Labor Day From 5pm Friday until 5pm Monday Father Mother (effective 2008) Thanksgiving 1" Half From 6pm the evening before Mother Father Thanksgiving Day to 5pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 5pm the day after Thanksgiving Day Christmas 15' Half From 12pm on 12/24 to 12pm on Father Mother 12/25 Christmas 2nd Half From 12pm on 12/25 to 12pm on Mother Father 12/26 Mother's Day From 10am until 8:30 pm Mother Mother Father's Day From 10am until 8:30 pm Father Father New Year's Eve From 12pm December 31 to 10am Father Mother (December 315` determines the January 1 year this holiday is observed, i.e.,' 12/31/06 is an even year; 12/31107 is an odd year) New Year's Day From 10am January 1 to 8:30pm Mother Father 282425 CERTIFICATE OF SERVICE I. ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for modification of custody upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Constance P. Brunt, Esquire 1820 Linglestown Road Harrisburg, PA 17110 May 2008 4e-lco^-? Andrew C. Sheely, Attorney G CHADWICK CLAY-ALLEN LUNDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAREN DIANE LUNDY DEFENDANT 2006-3572 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 10, 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/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JWd 9- fuZ "I"WANip 40 0 r ? JUL 2 9 ZU08?A' CHADWICK CLAY-ALLEN LUNDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. KAREN DIANE LUNDY, Defendant CIVIL ACTION - LAW NO. 2006-3572 IN CUSTODY ORDER OF C URT AND NOW, this q* day of del , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hean is scheduled in urtroom No. 3 of the Cumberland County Courthouse on the day of pc , 2008, at 6-Ir Q . m. _. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of September 6, 2006, shall remain in effect. 3. In the event the parties start to communicate with each other and legal counsel for the parties feel that another custody conciliation conference may prove beneficial to resolve the matter prior to the above scheduled hearing, counsel for the parties may contact the Custody Conciliator directly to schedule the custody conciliation conference. - THE COURT: Edward E. Guido, Judge cc: ?ndrew C. Sheely, Esquire ?onstance P. Brunt, Esquire V 3 tJ ; " r P` CHADWICK CLAY-ALLEN LUNDY, Plaintiff vs. KAREN DIANE LUNDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006-3572 IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kaitlyn M. Lundy, born February 22, 1995 James Richmond Lundy, Born May 8, 1996 2. A Conciliation Conference was held on July 17, 2008, with the following individuals in attendance: The mother, Karen Diane Lundy, with her counsel, Constance P. Brunt, Esquire, and the father, Chadwick Clay-Allen Lundy, with his counsel, Andrew C. Sheely, Esquire. Father has petitioned to modify the existing Custody Order and is seeking a 50-50 custody arrangement. Both parties are alleging various issues with respect to how the children are handled and the parenting skills, or the lack thereof, of each parent. There was some discussion about having co-parenting classes and there was discussion at the conciliation about having a custody evaluation. The parties couldn't reach an agreement on either issue and it appears that a hearing is required in order to address Father's request that he be given 50% physical custody with the minor children. 4. The Conciliator recommends an Order in the form as attached. Date: July 5 2008 ert X. G' roy, Esquire Custody C ciliator Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cabruntD-CPBruntLaw.com Attorney for Defendant CHADWICK CLAY-ALLEN LUNDY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 06-3572 CIVIL TERM : CIVIL ACTION -LAW KAREN DIANE LUNDY, Defendant : IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Defendant, KAREN D. LUNDY, by her attorney, CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. Plaintiff filed a Complaint For Modification Of Custody on May 30, 2008. 2. The parties attended a Pre-Hearing Custody Conference before Hubert X. Gilroy, Esquire, on July 10, 2008, at which they were unable to reach an agreement. 3. On August 4, 2008, and Order of Court was entered by The Honorable Edward E. Guido, scheduling a hearing before the Court on October 8, 2008, at 10:15 a.m. 4. Although the Prothonotary's records reflect that copies were mailed to both counsel on August 4, 2008, Defendant's counsel never received a copy of the said Order of Court and was unaware that a hearing had been scheduled. 5. Defendant's counsel learned of the scheduled hearing while vacationing in Arizona, after her office received a letter on September 24, 2008, from Plaintiff's counsel referring to Pre-Trial Memoranda being due on October 3, 2008. 6. When her office notified her of the receipt of the letter from Plaintiff's counsel, Attorney Brunt then reviewed the records of the Prothonotary's office available over the internet and learned of the entry of the Order of Court on August 4, 2008, and the date of the scheduled hearing. Attorney Brunt immediately called Attorney Sheely from Arizona on September 25th to inform him that she had just learned of the scheduled hearing and would not be returning to her office until September 30tH 7. Pursuant to C.C.R.P. 208.2(d), immediately upon learning of the scheduled hearing in this matter, Defendant's counsel requested that Plaintiff's counsel concur in her request for a continuance of the hearing to permit Defendant to be properly prepared to present her evidence at trial. Despite expressing his understanding that Defendant's counsel had no notice of the hearing and would have difficulty preparing for a hearing in the short time available upon her return from vacation, Plaintiff's counsel refused to concur in a request for continuance. He instead suggested that the hearing could be avoided by Defendant's acquiescence in the modifications to the custody order proposed by Plaintiff. 8. Defendant's counsel will not have sufficient time to prepare for a hearing -2- in this matter in the 6 business days available to her after returning from a 2-week vacation. Because she had no notice of the scheduled hearing, she had not yet identified and interviewed potential witnesses and will now have insufficient time to do so effectively. She will also not have sufficient time to determine whether any witnesses will require subpoenas to appear and to arrange for service of those subpoenas in a timely fashion. 9. Defendant will be severely prejudiced if she is required to proceed to a hearing in this matter on such short notice and with insufficient time to prepare her case. 10. Because Plaintiff is already enjoying substantial periods of custody with the children of the parties pursuant to the Order of court entered herein on September 6, 2006, and has not made any allegations in his Complaint For Modification Of Custody that the children are suffering any harm or negative effects from the current custodial arrangement, he will not be prejudiced by the short continuance of the hearing necessary to afford Defendant adequate time to fairly prepare her case for presentation of all evidence relevant to the best interests of these children. WHEREFORE, Defendant respectfully moves this Honorable Court for a continuance of the hearing scheduled in this matter for October 8, 2008. Respectfully submitted, JZ4- CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant -3- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the Z14--- day of 2008, 1 served a true and correct copy of the foregoing Motion For Continuance by facsimile transmission to (717) 697-7065 and by depositing same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Andrew C. Sheely, Esquire 127 S. Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff /?_Z74? CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant -4- ?:.'? ? ? c? ? ' ?..? ?? ?=, ` ; ?, . ? ry _a r ? ?ti E?3 ..1 .3 ISEP - 0 2008p Constance P. Brunt, Esquire Supreme Court ID #28833 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717)232-0255 ccpbruntOCPBruntLaw.com CHADWICK CLAY-ALLEN LUNDY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3672 CIVIL TERM V. CIVIL ACTION - LAW KAREN DIANE LUNDY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 0 C;?j TV ?.. , 2008, upon consideration of the Motion For Continuance filed herein by Defendant, ;'t/a It d Lj& Cr?" fie rft" FOLLOWS: D A0 IDS ,00 '9&'Df*N? A 4111pop uled for October 8. 20013, -57-075 a.m. t , timberland CountY-C-o-urthouse. 3. All other provisions of the Order of Court entered on August 4. 2008, shall apply. BY T URT: Edward E. Guido, J. FOR PLAINTIFF: Andrew C. Sheely, Esquire Supreme Court ID # 62469 127 S. Market Street Mechanicsburg, PA 17055 (717) 697-7050 FAX (717) 697-7065 andrewc.sheely@verizon.net FOR DEFENDANT: Constance P. Brunt, Esquire Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com to?3 ?o? -2- , y `a i 1 !Il 91:11 IN C- 100 HE KdViO' !D-d '?'Ni JO K 'C l l? :ru OCT 0 8 2008A Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt(&CPBruntLaw.com Attorney for Defendant CHADWICK CLAY-ALLEN LUNDY, Plaintiff V. KAREN D. LUNDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 06-3572 CIVIL IN CUSTODY STIPULATION FOR MODIFICATION OF CUSTODY ORDER AND NOW, come the above-captioned parties, and their respective counsel of record and stipulate and agree as follows: 1. The parties are the parents of the minor children, KAITLYN M. LUNDY (born 2/22/95) and JAMES RICHMOND LUNDY (born 5/8/96). 2. An Order of Court was entered on September 6, 2006, by the Honorable Edward E. Guido, providing for shared legal custody of the children with specific periods of physical custody set aside for each parent. 3. Plaintiff has filed a Complaint For Modification of the said Order, which is presently scheduled for hearing on October 8, 2008. 4. The parties hereby stipulate and agree to modify the said Order of Court as set forth in the proposed Order attached hereto and agree to the cancellation of the aforesaid hearing. CHADWICK CLAY-ALLE LUNDY Plaintiff KAREN D. LU Defendant ,4,%Id 10'r ANDREW C. SHEELY, ESQUIRE Supreme Court ID # 62469 127 South Market Street P. O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 FAX (717) 697-7065 www.andrpwc.sheelyCcbvedzon.net Attorney for Plaintiff CONSTANiCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg,, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt QPBruntLaw.com Attorney for Defendant -2- Oct 07 08 06:24p Brunt Law Offices 717-232-0255 p.9 3 Plaintiff has filed a Complaint For Modification of the said Order, which is presently scheduled for hearing on October 8, 2008. 4 The parties hereby stipulate and agree to Modify the said Order of Court as set forth in the proposed Order attached hereto and agree to the cancellation of the aforesaid hearing. CHADWICK CIAY-ALLE LUNDY Plaintiff' KAREN D. LUP. Defendant ANDREW C. HEELY, ESQUIRE Supreme Court ID # 62459 127 South Mar et Street P. O. Box 95 Mechanicsburg, PA 17065 (717) 697-7050 FAX (717) 691-7065 www.andMe sheelvftverizon.net Attorney for P16intiffi CONSTANCE . BRUNT, S Supreme CouO ID # 29933 Beaufort Professional Center 1820 Linglesto*n Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 2320255 cob ru nt CPE aw. Attorney for Defendant -2- IRE Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717)232-0255 cpbruntna CPBruntLaw.com Attorney for Defendant CHADWICK CLAY-ALLEN LUNDY, Plaintiff V. KAREN DIANE LUNDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3572 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Tlk day of 04, 2008, upon consideration of the Stipulation of the Parties filed herein, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Chadwick Clay-Allen Lundy and Karen Diane Lundy, shall have shared legal custody of the minor children, Kaitlyn M. Lundy, born February 22, 1995, and James Richmond Lundy, born Mayl8, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, ?o make all major non- emergency decisions affecting the children's general well-peing 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 of the other parent. I!, 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 parlent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody, which shall be arranged as follows: A. Commencing October 8, 2008, on alternating weeks, from Wednesday after school (or 10:00 a.m. in the event of a school holiday) until Monday morning when Father shall deliver the children to school. B. Commencing October 17, 2008, on alternating Fridays during Mother's regular bowling season (approximately end of August until mid-April), from after school until 9:30 p.m. when M, other will pick the children up at Father's home. C. At such other times as the parties may, agree. 3. Transportation. Except as otherwise specifically set forth herein, the parent receiving custody of the children for the commencement of jhis/her custody period will pick the children up from school or at the other parent's home a? applicable. Notwithstanding anything to the contrary herein, if Mother is to pick the children up at Father's home on a non-school day on which she is scheduled to work, she will?do so at 7:30 a.m. The parent picking up the children at the other parent's home shall remain in his/her vehicle at the time of the custodial exchange. This will be considered a curb-s de pickup. Ina curb-side pickup, the transporting parent will call the children to let th m know when his/her arrival at -2- the other's residence is imminent. It will be the responsibility of the parent surrendering custody to have the children ready for the custodial exchange at the scheduled time and to have either a cell phone or landline phone available for the receipt of the call from the transporting parent. 4. Telephone contact. The non-custodial parent shall be entitled to initiate one telephone contact per day to the children, between 6:30 p.?m. and 8:30 p.m. The children shall be permitted to call the non-custodial parent at any reasonable time upon their request. Each party shall ensure that the children call the non-custodial parent at least one time near the mid-point of any custodial period in excess of 24 hours,. Each parent shall be responsible to have available at all times either a cell phone or a landline telephone at which the children may be contacted and from which they may call the other parent and to provide the number(s) to the other parent. Both parties shall give the children any telephone messages from the other parent promptly following receipt; including any messages left on any cell phones the children might have, and shall not delete any cell phone or other messages until after the children have listened to the entire message. The custodial parent shall ensure that the children return any calls from the non.custodial parent at the earliest practicable time. 5. Summer Custodial Schedule. Beginning withl, the first Monday following the last day of the school year, the parents shall have custody On alternating weeks during the summer. This custodial schedule shall continue until the Sunday of the week before school begins. In odd-numbered years, the first alternating week shall be Father's week of custody. In even-numbered years, the first alternating week shall be Mother's week of custody. 6. Vacation. Each parent shall be entitled to use one 10-day block of custody each summer, which block shall include their regular custodial week. Each parent shall provide as much advance written notice as possible of his/her intended 10-day vacation block, but not less than 30 days. A parent who provides written notice for his/her 10-day vacation block on or before May 1 shall have priority over any other scheduled events or 3- activities for the children. Notice of an intended 10-day vacation block given after May 1 shall be subject to and subordinate to other plans, events or activities that have been scheduled for the children. Each parent shall also be entitled to use one 3-day block of vacation custody at any time during the school year, provided that such custody period may not interfere with the holiday schedule set forth below in Paragraph 7. Each parent shall provide as much advance written notice as possible of his/her intended 3-day vacation block, but not less than 30 days. In the event of a conflict, the party first providing written notice to the other shall have priority for vacation custody during a specific time period. 7. Holidays. The parents shall share custody of the children as set forth below on specified holiday. The holiday schedule shall supersede the regular schedule. HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS I YEARS YEARS Easter Day 10 a.m. to 8:30 p.m. Father Mother Memorial Day From 5:00 p.m. on the Mother Father evening before the holiday until 8:30 p.m. on the holiday July 4th From 5:00 p.m. on the Father Mother evening before the holiday until 10:00 p.m. on the holiday Labor Day From 5:00 p.m. on the Mother Father evening before the holiday until 8:30 p.m. on the holiday -4- HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Thanksgiving 1" Half From 6:00 p.m. the Father Mother evening before Thanksgiving Day until 5:00 p.m. on Thanksgiving Day Thanksgiving 2nd Half From 5:00 p.m. Mother Father Thanksgiving Day to 5:00 p.m. the day after Thanksgiving Day Christmas 1' Half From 12:00 p.m. on Father Mother 12/24 to 12:00 p.m. on 12/25 Christmas 2"d Half From 12:00 p.m. on Mother Father 12/25 to 12:00 p.m. on 12/26 Mother's Day From 10:00 a.m. to 8:30 Mother Mother p.m. Father's Day From 10:00 a.m. to 8:30 Father Father p.m. New Year's Eve From 12:00 p.m. Father Mother (December 31St December 31 to 10:00 determines the year a.m. January 1 this holiday is observed, i.e., 12/31/08 is an even year; 12/31/09 is an odd year) New Year's Day From 10:00 a.m. to 8:30 Mother Father p.m. January 1 8. Children's Activities: Each party shall be responsible to ensure that the children are transported to any of their school or other extra-curricular activities as are scheduled during that party's custodial period and to ensure that they are properly clothed and have any appropriate equipment for such activities. N?ither parent shall schedule any I -5- events or activities for the children during the other parent'Is scheduled custodial time without prior consultation. 9. Adherence to Schedule: The parties shall strictly adhere to the custodial schedule set forth herein, including all specified times for the commencement and end of any custodial period, unless otherwise expressly mutually (agreed. Any request for any non- emergency changes to the schedule must be made a minimum of 24 hours in advance. 10. Co-Parenting Counseling: The parents shall) promptly commence and participate fully in co-parenting counseling with Arnold T. Shienvold, Ph.D., in an effort to reduce the conflict between the parents, to improve their communication and to enhance their ability to effectively and cooperatively co-parent their children. Such co-parenting counseling shall be on such schedule and for such length 'of time as the parties agree. Any cost for such counseling which is not paid by medical insurance shall be equally shared between the parties. BY HE COURT- Edward E. Guido,, J. C .7, 'e?j 6- l'O 8 OZ &VII