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Home My WebLink About06-5068IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA KATIE E. VANDERAU ? Plaintiff : Docket No. Vs. Civil Action -Law Divorce TROY A. VANDERAU Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is the Mother, Katie E. Vanderau residing at 1394 Letchworth Road, Camp Hill, Pennsylvania 17011. 2. The Defendant is the Father, Troy A. Vanderau, residing at 146 Strodes Run Road, McVeyTown, Pennsylvania 17059. 3. Plaintiff seeks shared legal custody and partial physical custody of the following Child: Sydney Ruth Vanderau, residing at 1394 Letchworth Road, Camp Hill, Pennsylvania 17011. Age: 4 years (DOB 7/11/2002) a) The Child is presently in the custody of Mother, residing at 1394 Letchworth Road, Camp Hill, Pennsylvania 17011. b) During the past five years, the Child has resided with the following persons and at the following addresses: The Child resided with Mother at 1394 Letchworth Road, Camp Hill, PA 17011, since April 2006 to the present. The Child resided with Mother at 879 Woodridge Drive, Middletown, PA 17057, from August of 2005 to April of 2006. The Child resided with Mother at 820 Limekiln Road, New Cumberland, PA 17070, from January of 2005 to August of 2005. The Child resided Mother and Father 820 Limekiln Road, New Cumberland, PA 17070, from January 2003 to January of 2005. c) The Mother of the Child is Katie E. Vanderau residing at 1394 Letchworth Road, Camp Hill, Pennsylvania 17011. d) The Father of the Child is Troy A. Vanderau, residing at 146 Strodes Run Road, McVey Town, Pennsylvania, 17059 4. The relationship of Plaintiff to the Child is that of Mother to Daughter. 5. The Plaintiff currently resides with the following persons: Plaintiff resides with the Child and her other son Gage Stewart, age I Oyears. 6. The relationship of Defendant to the Child is that of Father to Daughter. 7. 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 any other court. a) Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth or any other state. b) Plaintiff does not know of a person not a party to the proceedings that has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 8. The best interest and permanent welfare of the Child will be served by granting the relief requested because: It is in the best interest of the Child, Sydney Ruth Vanderau, in that her financial, physical, and emotional well-being shall be served by the Parents sharing legal custody, with Mother to have primary physical custody and Father to have partial physical custody. 9. Each Parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene: There are no other persons having a claim of right to custody. WHEREFORE, the Plaintiff respectfully requests that the Court permit the Parents of the Child to have shared legal custody with Mother to have primary physical custody and Father to have partial physical custody. 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.S. S 4904, relating to unworn falsification to authorities. B 21I(p rie E. Vanderau Date Attorney for Plaintiff: Dere Cordi , Esq. #83284 319 Sou nt Street Harrisburg, PA 17104-1621 (717) 919-4002 o y 0 s*- c c? w 0 '7 N 0 x- 0 a? n -, P r7 ern KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. TROY A. VANDERAU DEFENDANT 06-5068 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 31, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 21, 2006 at 9:00 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 ape five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda 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 looo? poi d 0£ :010 1- JJ3S 90DZ lt??lli)ii ) .:)d 3Ni 30 3;)!'-'!C'-01 7113 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam cD-kopelaw.com TROY VANDERAU, Plaintiff, vs. KATIE VANDERAU, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN CUSTODY STIPULATION AND NOW, this 12th day of September 2006, it is STIPULATED and AGREED by and between the parties, Troy VanDerau ("Father") and Katie VanDerau ("Mother"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Sydney VanDerau (DOB: 7/11/2002) shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that they will have shared legal custody of Sydney VanDerau ("Child"). The parties agree that major decisions concerning the Child, including, but not limited to, the Child'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 the Child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees 1 not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody Primary physical custody of the Child shall be with the Mother. 3. Partial Physical Custody: Father shall have partial physical custody of the Child in accordance with the following schedule: a. Summer: Thirty-one days every summer, equaling one month, the precise date of beginning custody to be determined no later than May 31St of each year. The Father will have custody of the child on her birthday every other year, beginning in 2007. See paragraph c. b. Holidays: The parties agree to alternate holidays. The Father will have custody of the child every other Christmas holiday, said custody beginning no later than noon on Christmas Eve, and ending no earlier than 6 pm on 2 New Years Day. The Father shall have custody of the child every other Thanksgiving holiday, beginning no later than noon on the Wednesday before Thanksgiving and ending no earlier than 9 am on the Sunday after Thanksgiving. The Father will have custody of the child during the Christmas holiday on odd years, i.e., 2007, 2009, etc. The Father will have custody of the child during the Thanksgiving holiday on even years, i.e., 2006, 2008, etc. Specifically, when the Father has custody of the child for Christmas, the Mother will have custody of the child for Thanksgiving, and vice versa. c. Birthdays: The Father will have custody of the child on her birthday, every other year. This custody will coincide with the Father's custody of the child during the summer. Specifically, on the years during which the Father has custody of the child on her birthday, that day will fall during the Father's month of custody in the summer. The Father will have custody of the child on her birthday in 2007, 2009, etc. 4. Transportation: The Mother shall bear all costs of transportation for the child. Specifically, the Mother will bear the costs of transporting the child to the Father's home in Pennsylvania from the Mother's current home in Alaska and back. 5. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their Child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that 3 the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 6. Parents should provide one another with a phone number and address where the Child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 7. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive as well as daily contact via e-mail with the Child when in the custody of the other parent. 9. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Child and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child 4 to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 10. Applicable Laws: Any provision in this Agreement regarding Child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 11. Modification: The provision of this Paragraph shall be modified according to applicable law. 12. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Father's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for the Father to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Mother hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and she will not oppose an application being brought pursuant to these statutes. 5 KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Troy VanDerau 8 Mallard Court Mechanicsburg, PA 17055 Telep one (7 7) 761-7573 ' le am, Esquire Attorney for Plaintiff Sworn to or affirmed and acknowledged before me by KATIE VANDERAU on fir, aj . l?5 , 2006 Notary Public STATE?QFt?JSWO LT HLEEN M. NOTARY Pomm. Exp.: L tie V D ra C, fendant 6 r'n S E P 2 9 2006 ?h - - - - -? KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-5068 CIVIL ACTION LAW TROY A. VANDERAU Defendant IN CUSTODY ORDER AND NOW, this 26th day of September, 2006 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?,1?t41 t 10 ?? 2z?5? S F P 2 6 200£ 0 TROY VANDERAU, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 06- 5C,(F3 KATIE VANDERAU, CIVIL ACTION - LAW Defendant. IN CUSTODY ORDER AND NOW, this -2-,L day of 2006, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. ty BY THE COURT: JUN Sb1DD7 pV KATIE E. VANDERAU Plaintiff VS. TROY A. VANDERAU Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5068 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 26th day of September, 2006 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire LIT Custody Conciliator 9 l •6 WV 9z Nnr LOOZ MViO DAiWd 3HI dO 331 4.:?-{J31H KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANJ # j ' t?T V. zr 1 2006-5068 CIVIL ACTION LAW uir- -1) W TROY A. VANDERAU IN CUSTODY DEFENDANT ' '' -> ORDER OF COURT AND NOW, Monday, A pril 30, 2012 , upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at_ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 29, 2012 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/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites .Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 vat Alai ea/ ?D I,- V69'# LO Telephone (717) 249-3166 Coo r / /d /-0 Y -ty3 %v --3 Benjamin D. Andreozzi m Attorney ID #89271 Heather E. Verchick Attorney ID #201310 ANDREOZZI & ASSOCIATES, P.C. 215 Pine St., Ste. 200 Harrisburg, PA 17101 717-525-9124 -s Ben@midstatelaw.com Attorney for Plaintiff KATIE E. VANDERAU, vs. TROY A. VANDERAU, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5068 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Paul D. Edger, certify that I accept/accepted service of the Petition for Modification of Custody Order on behalf of my client Troy A. Vanderau and that I have authority to do so. Date:l 3 (2 A /t h Sd S"I' 1v? 06-') C7i>>s°?/- [ X55 ?t? °7 HoraP' f 'r N h'l d c't Ottfc!S Ur 177e S-00( E,6/ T-, i d (r 5 KATIE E. VANDERAU vs. TROY A. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2006-5068 CIVIL ACTION LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this h day of (I 2012, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the custody evaluator to a custody evaluation to be performed by a professional selected by agreement. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the Child's needs. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Child. All costs of the custody evaluation shall be shared equally between the parties. Within 14 days of the date of the custody conciliation conference, the parties shall select the evaluator and contact the evaluator's office to schedule the initial sessions. 2. The Mother, Katie E. Vanderau, and the Father, Troy A. Vanderau, shall have shared legal custody of Sydney Ruth Vanderau, born July 11, 2002. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody of the Child on alternating weekends, beginning June 8, 2012, from Friday at 5:00 p.m. through Sunday at 8:00 p.m. The Father shall also be entitled to have custody of the Child for up to two weeks during the summer school break upon providing at least 30 days advance notice to the Mother. The Father may have additional periods of custody with the Child as arranged by agreement between the parties in advance. The Father shall have custody of the Child from July 18 through July 23, 2012 while the Mother is out of town for work. 4. The parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody at the other parent's residence. 5. In the event either parent is unavailable to provide care for the Child during his or her period of custody for an overnight period or longer, that parent shall first contact the other parent to offer the opportunity to have custody of the Child during the custodial parent's unavailability. 6. In the event the Child will be staying outside of the residence of the custodial parent for an overnight period or longer, that parent shall notify the other parent in advance of the Child's contact information. 7. The Father shall have a scheduled telephone call with the Child each week to take place every Tuesday evening at 8:00 p.m. Additionally, the Father may have reasonable telephone contact with the Child at other times. 8. The Mother shall provide the Father with all information concerning the Child's activities, including but not limited to the summer camp schedule in a timely manner. 9. Within 60 days of receipt of the written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, / -If J. cc: Heather E. Verchick Esquire - Counsel for Mother -' Paul D. Edger Esquire - Counsel for Father j,; KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. TROY A. VANDERAU Defendant 2006-5068 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley Oler Jr. 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 Sydney Ruth Vanderau July 11, 2002 Mother 2. A custody conciliation conference was held on May 29, 2012, with the following individuals in attendance: the Mother, Katie E. Vanderau, with her counsel, Heather E. Verchick Esquire, and the Father, Troy A. Vanderau, with his counsel, Paul D. Edger Esquire. 3. The parties agreed to entry of an Order in the form as attached. U U?? Date Dawn S. Sunday, Esquire Custody Conciliator FILED-OFFICE OF THE PROTHONOTARY 2412 JUL 26 PM 1: 01 CUMBERLAND COUNTY PENNSYLVANIA Benjamin D. Andreozzi Attorney ID #89271 Heather E. Verchick Attorney ID #201310 ANDREOZZI & ASSOCIATES, P.C. 215 Pine St., Ste. 200 Harrisburg, PA 17101 717-525-9124 Ben@midstatelaw.com Attorney for Plaintiff KATIE E. VANDERAU, Plaintiff VS. TROY A. VANDERAU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN No. 06-5068 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY ORDER AND NOW comes the Petitioner, Katie E. Vanderau, by and through her Andreozzi & Associates, and avers the following. 1. The Plaintiff is Katie E. Vanderau, who is currently residing at 113 Tupelo Harrisburg, PA 17110 (hereinafter "Mother"). 2. The Defendant is Troy A. Vanderau, who is currently residing at 6108 Galleon Dri Mechanicsburg, PA 17050 (hereinafter "Father"). 3. The parties are the parents of Sydney Ruth Vanderau (hereinafter "Child"), was born on July 11, 2002. 10 aaj X53. Ctlt ?a J> b 8Y8ln e 4. The parties entered into a Custody Stipulation on September 12, 2006, which entered as an Order of Court. 5. Mother filed a Petition to Modify Custody on April 24, 2012 since the Stipulation was based on Mother residing in Alaska where she no longer lived, and neither had been following the schedule as outlined in that Order. 6. A conciliation was held on May 29, 2012 in front of conciliator Dawn Esq. 7. At this conciliation, the parties agreed to submit themselves and Sydney td a custody evaluation. 8. It was also agreed at this conciliation that Father would have custody of every other weekend beginning June 8, 2012 from Friday at 5:00 p.m. until Sunday at 8:00 9. The Court entered the parties' agreement as an Order of Court on June 5, 2012. copy of the Order is attached hereto as Exhibit "A." 10. Included in this Order was a provision that if one parent is unavailable to care for Sydney for an overnight period or longer, that parent shall first contact the other to offer the opportunity to have custody of Sydney during that time period. See Exhibit "A." 11. At the conciliation, Mother advised Father that she would be out of town business from July 18 through July 23, 2012 and asked Father if he would like to have of Sydney during that extended weekend. 12. Father agreed, and this was specifically entered into the Order that Father have custody of Sydney from July 18 through July 23, 2012 while Mother was out of town A work. See Exhibit "A." 1 . 13. At the Conciliation, the parties had discussed times that Sydney was signed up camp during the summer as well as other activities in which Sydney was involved. 14. Mother noted that Sydney had camp from June 17 through June 23 and July through July 28. 22 15. In the Order, Mother was to provide Father with all information Sydney's activities, including, but not limited to the summer camp schedule in a timely manner: See Exhibit "A." 16. Mother provided this information to Father the day after the Conciliation. A of the correspondence is attached hereto as Exhibit T." 17. In this correspondence, Mother noted that Father's extended weekend of July 118 through July 23 coincided with one of Sydney's weeks of camp. See Exhibit "B." 18. Mother provided Father with the information for dropping Sydney off at camp Sunday July 22. See Exhibit "B." 19. Prior to the conciliation Mother had previously arranged for Jodi Jackson, has babysat Sydney in the past to watch Sydney from July 18 through July 21. 20. Mother did not request Jodi's availability for July 22 and July 23 because was scheduled to be at camp those days, and Mother had arranged for family members to Sydney to camp on July 22 while Mother was out of town. 21. Since Mother had previously made this arrangement with Jodi, she advised that Jodi was an option to care for Sydney on July 18, 19 and 20. 22. However, since Father agreed to have physical custody of Sydney from July through July 23, he was responsible for finding care for Sydney during the time that he was .8 work. 23. After numerous a-mails back and forth between Mother and Father and counsel and Father's counsel, Father ultimately decided that he would not take Sydney to on July 22. 24. Unfortunately, the camp did not allow campers to arrive late, and Mother haj to cancel camp for that week. 25. Since Sydney was not going to camp on July 22, Mother's counsel correspondence to Father's counsel that Mother would pick Sydney up at the regular time place (meaning 8:00 p.m. at Father's house pursuant to the June 5, 2012 Order) on July 23. copy of this e-mail is attached hereto as Exhibit "C." 26. Mother returned from her business trip for her secondary job at 2:00 a.m. on 23, but had to travel to Wilkes Barre later that day for her scheduled weekly day trip for primary job. 27. Father had not made arrangements for day care for Sydney on Monday July 23. 28. Father erroneously told Mother that it was her responsibility to find day care Sydney during his court ordered custodial time. 29. Since Father had made no effort to make child care arrangements for during his custodial time, he dropped Sydney off at Mother's house at approximately 7:15 on Monday July 23, in violation of the Court Order. 30. As a result of Father's violation of the exchange times that were set forth in Order, Mother had to take Sydney with her to her job in Wilkes Barre. 31. This action could very well have jeopardized Mother's job, and could result A Mother losing her job if it becomes a regular occurrence. 32. Mother has additional dates when she will be out of town for work purposes, has offered these times to Father in accordance with the Order. 33. Mother is concerned that Father will continue to require her to find care Sydney during these additional custodial times and will simply drop Sydney off at Mother's house if she does not, to the detriment of Sydney and Mother and Mother's job, unless he is accountable for his actions. 34. Furthermore, Father has made no effort, and oftentimes has refused to honor of Sydney's previously scheduled summer activities, including, sleepaway camps, a Hockey Youth Camp that Sydney attended last year, and riding lessons that fall during bi custodial time. 35. Mother is also concerned that Father will continue to refuse to honor previously scheduled activities, to Sydney's detriment. 36. Mother has incurred significant legal fees as a result of Father's action. 37. Thus, Mother requests that Father be held in contempt of the June 5, 2012 and be required to pay sanctions and reasonable attorney's fees for the preparation and of this Petition. WHEREFORE, Petitioner Katie E. Vanderau, respectfully requests this Honorable find Defendant, Troy Vanderau, in Contempt of the June 5, 2012 Order, and require him to sanctions and reasonable attorney's fees for the preparation and argument of this Petition. Date: ( 1 As `o- Respectfully submitted, ANDREOZZI & ASSOCIATES, P.C. By. a#A+ ? 7? Heather E. Verchick, Esquire Attorney ID # 201310 215 Pine St., Ste. 200 Harrisburg, PA 17101 (717) 525-9124 Attorney for Plaintiff I verify that the sW=mts made in ft Petition for I di . of CuA* Ordw re. bw and camvt. I unIerstand that false statements herein are made subject w the p ties of Pa. C.S. §4904, rela** to unsw h ficedw fo Mica. Kate E.-V Date: 7??L f EXHIBIT A KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5068 CIVIL ACTION LAW TROY A. VANDERAU Defendant IN CUSTODY ORDER OF COURT AND NOW, this ? day of 2012, consideration of the attached Custody Conciliation Re rt, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the custody evaluator to a custody evaluation to be performed by a professional sel cted by agreement. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the Child's eds. The parties shall sign all authorizations deemed necessary by the evaluator to obtain addi 'onal information pertaining to the parties or the Child. All costs of the custody evaluation shall be shared equally between the parties. Within 14 days of the date of the custody conciliation conference, the parties shall select the evaluator and contact the evaluator's office to schedule the initial sessions. 2. The Mother, Katie E. Vanderau, and the Father, Troy A. Vanderau, shall have shared le al custody of Sydney Ruth Vanderau, born July 11, 2002. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view towar obtaining and following a harmonious policy in the Child's best interest. Neither party shall imp ' the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitate thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of ajiy reports or information given to either party as a parent as authorized by statute. 3. Pending completion of the custody evaluation and further Order of Court or agreement f the parties, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody of the Child on alternating weekends, beginning June 8, 2012, from Friday at 5:00 p.m. through Sunday at 8:00 p.m. The Father shall also be entitled to have custody of the Chi d for up to two weeks during the summer school break upon providing at least 30 days advance notice to the Mother. The Father may have additional periods of custody with the Child as arranged by agreement between the parties in advance. The Father shall have custody of the Child from July 8 through July 23, 2012 while the Mother is out of town for work. 4. The parent receiving custody of the Child shall be responsible to provide transportatio for the exchange of custody at the other parent's residence. 5. In the event either parent is unavailable to provide care for the Child during his or her ric of custody for an overnight period or longer, that parent shall first contact the other parent to off the opportunity to have custody of the Child during the custodial parent's unavailability. 6. In the event the Child will be staying outside of the residence of the custodial parent f an overnight period or. longer, that parent shall notify the other parent in advance of the Child's con ct information. 7. The Father shall have a scheduled telephone call with the Child each week to take every Tuesday evening at 8:00 p.m. Additionally, the Father may have reasonable telephone with the Child at other times. 8. The Mother shall provide the Father with all information concerning the Child's aeti including but not limited to the summer camp schedule in a timely manner. 9. Within 60 days of receipt of the written custody recommendations, counsel for either may contact the conciliator to schedule an additional custody conciliation conference, if necessa 10. 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 absen a of mutual consent, the terms of this Order shall control_ BY THE COURT, /s/ cc: Heather E. Verchick Esquire - Counsel for Mother Paul D. Edger Esquire - Counsel for Father ? r.. TRUE COPY FROM RECORD -= in Testimony Whereof, I here unto set my hand 7' and the seal of said Court at Carlisle, Pa. This -5? day of 20 la Prothonotary r r C.. Ui ms`s ru V? C ?I ? KATIE E. VANDERAU Plaintiff VS. TROY A. VANDERAU Defendant Prior Judge: J. Wesley Oler Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5068 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF 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 litigatior follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sydney Ruth Vanderau July 11, 2002 Mother as 2. A custody conciliation conference was held on May 29, 2012, with the following indivi uals in attendance: the Mother, Katie E. Vanderau, with her counsel, Heather E. Verchick Esquire, anthe Father, Troy A. Vanderau, with his counsel, Paul D. Edger Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT B Heather From: Katie VanDerau [katie.vanderau@gmail.com] Sent: Wednesday, May 30, 2012 1:59 PM To: leslie melara Cc: Heather Verchick Subject: Evaluator info, camp info, requests Troy. Please provide me with your landline phone number and email you want me to use moving forward and this email. The custody evaluator information and costs are below: Kasey Sheinvold cost per person $2000 initially. $500 to 1000 at end. Phone is 717.540.1313. Available to start in July. Arnold sheinvold cost per person $2500 initially. Up to $2000 more at the end. Same phone as can start July as well. Steven Lindenberg cost per person 2500. Phone is 717.533.1026. Pauline wallin cost per person $3000. available to start in August. looking at costs and availability and considering they require payment up front, I would agree to using sheinvold or Steven Lindenberg. Please let me know who you would like to use by June 14. today He As for Sydneys camp. The phone is 814.667.2355. Address is 4013 blue diamond drive. Petersburg p 16669. As an fyi, The weekend schedule you picked will have you picking her up at camp blue diamond in Pe ersburt pa on your weekend of June 22. Pickup from camp is Friday at 7 pm. Your weekend of July 20-22 which we agreed would be extended to July 18-23...you will need to drop her off at camp on sunday July 22 @ 2 pm. I spoke to Jodi, for care for Sydney during the day on the days of July 18, 19, 20, she can watch her. Y will just have to pay her her daily cost. You have her phone number and I am sure you remember how to ge to her house. Sincerely, Katie EXHIBIT C From: Heather Verchick [heather@midstatelaw.com] Sent: Wednesday, June 13, 2012 8:48 AM To: 'Paul D. Edger' Subject: RE: Re: Custody eval. Dear Paul: I spoke with Katie, and we do want to note that we did discuss the issue of camp, specifically as to the fact that whichever weekend Troy picked as his first weekend with Sydney would interfere with one of her weeks at cam and he would have to get her to camp on that Sunday. I don't believe that we specifically stated that he would have t take her to camp during that extended weekend, but we did discuss the various dates of her camp prior to that convers tion. It was not an intentional omission. I understand that this discussion was not included in the Conciliation report, ut that does not mean that it was not discussed at some point during our conversation. That being said, my client has contacted the camp, and Sydney will not be able to come on the 23. The camp d es not allow the campers to arrive late. Thus, if Troy chooses not to take Sydney to camp on July 22, which it sounds I ke he is not, then Katie will meet him at the regular time and place on July 23 and Sydney will just not go to camp that eek. Thank you, and please let me know if you would like to discuss this further. Heather E. Verchick p: 717.525.9124 f: 717.525.9143 CERTIFICATE OF SERVICE I, Heather E. Verchick, Esquire, hereby state that I have this day caused to be served a true and correct copy of the Plaintiffs Petition for Contempt of Custody Order to all counsel interest at the address below named, by U.S. Mail, First-Class, postage prepaid: Paul D. Edger Law Offices of Peter J. Russo, P.C. 5006 East Trindie Road Suite 100 Mechanicsburg, PA 17050 Dated: 7 ?a?10? '4T 4'? By: Heather E. Verchick, Esq Counsel for Plaintiff U IN THE COURT OF COMMON PLEAS OF KATIE E. VANDERA PLAINTIFF r"A CUMBERLAND COUNTY, PENNSYLVAI r" cam-} V 2006-5068 CIVIL ACTION LAW ??. C -v TROY A. VANDERAU IN CUSTODY 5C7 W DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 01, 2012 , upon consideration of the attached Compla it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the cc at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 28, 2012 at 3: for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dis, if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a ten 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 Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sunday, Esq.1/ Custody Conciliator I The Court of Common Pleas of Cumberland County is required by law to comply with the Am( 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NO] 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 I/ f'11C.?022? s? ?SSocrd?S e C, re-A, T)6,V 17 ?s - ?Ac'?•%a?r g Cw, vs ec/ 8/i/iz Ar- -? C> iliator, PM or LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Defendant C ` TIE ` OTHONOTARY "`, 4 W. j_21',t'O - Pty 3:0 CU!"M)ERLAND COUNTY PLNNSYLV,?{NIA KATIE E. VANDERAU, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW TROY A. VANDERAU, NO. 06-5068 Defendant . IN CUSTODY PETITION FOR CONTEMPT AND NOW COMES the Defendant, Troy A. Vanderau, by and through his counsel, Law Offices of Peter J. Russo, P.C., and avers the following in support for his Petition Contempt: 1. Plaintiff/Respondent is Katie E. Vanderau (hereinafter referred to as ` and resides at 113 Tupelo Street, Harrisburg, Dauphin County, Pennsy 17110. 2. Defendant/Petitioner is Troy A. Vanderau (hereinafter referred to as 'T and resides at 6108 Galleon Drive, Mechanicsburg, Cumberland Pennsylvania 17050. 3. The above-named parties are the natural parents of Sydney Ruth V (hereafter referred to as "Child"), who was born on July 11, 2002. 4. The parties entered into a Custody Stipulation on September 12, 2006, which entered as an Order of Court. A true and accurate copy is attached as Exhibit "A. O-A 4-a aj 06 SPA a 5. Upon the filing of a Petition for Modification on April 24, 2012 by Mother a custody conciliation was held before conciliator Dawn Sunday, Esquire on 29, 2012. 6. Following the May 29, 2012 conciliation, an Order was entered by the Court the Honorable Judge Christylee Peck dated June 5, 2012 establishing the agreed by both Mother and Father. A true and accurate copy is attached "Exhibit "B." 7. Paragraph 2 of the June 5 Order states, "Neither party shall attempt to alienate affections of the Child from the other party." 8. At the conciliation before Mrs. Sunday, Mother stated that the Child does have Facebook. However, Mother contacted Father in July stating that the does in fact have Facebook, but Mother has the password. 9. On July 9, 2012, hours after both parties attended a scheduled child hearing in Cumberland County, Mother posted on her Facebook "Oh the regret not spending the IOk on a hitman six years ago....... lol." A true and copy of the Facebook posting is attached as Exhibit "C." 10. It is believed by Defendant and therefore averred that this is in reference to Defendant, as six (6) years ago was when the parties separated and divorced. 11. The Child is "friends" with Mother on Facebook, and is therefore able to view posts made by Mother, including those posts made in regards to Father. 12. The Child is also able to see all comments and "likes" to Mother's comments any of Mother's "friends" concerning posts made by Mother. 13. Not only does Mother's post reflect criminal behavior, it also impacts on Father's reputation with the child. 14. Following Mother's post, Father had to assure the child that Mother was o?y kidding, in specific reference to Mother's post that child viewed. 15. Mother assured and testified before the conciliator that the child does not Facebook, only to later reveal to Father that the child has had Facebook the time and to Mother's knowledge. 16. According to the policies of Facebook, an individual may not have a Face unless they have obtained the age of thirteen (13) years of age. 17. The Child is only ten (10) years old as of the date of the filing of this Petition. 18. Mother is permitting the child to use Facebook while such is in violation of 1 testimony and assurances at the conciliation, as well as federal law under Children's Online Privacy Protection Act of 1998 (COPPA) which F complies with. 19. Father does not believe it to be in the child's best interest to use Facebook at time due to the dangers and impressionable material available to young online. 20. Paragraph one (1) of the Order states "Each party agrees not to impair the parry's rights to shared legal custody of the Child ...Each party shall notify other of any activity or circumstance concerning their Child that could be expected to be of concern to the other." See Ex. B. 21. Mother and Father share legal custody of the child, which includes, among responsibilities, the child's education. 22. Upon Father's request, Mother submitted to Father a copy of the child's card following the end of the fourth (41) marking period, which included not only her grades, but also the absences during each marking period. A true and copy of the document provided to Father from Mother is attached as Exhibit "Ci" 23. However, the document provided to Father had some questioning markings appeared to be "white-out" near the third marking quarter, which would there were no absences. 24. Father contacted Thomas W. Holtzman Jr. Elementary to request the child's report card. The report card received by Father reflected the child had i two (2) absences during the third marking period. A true and correct copy of document provided to Father from the school is attached as Exhibit "D." 25. Per the custody order, Father is granted a full and accurate accounting of child's education, including her absences from school, without redaction interference from Mother. 26. Mother's redaction of the third marking period, and Mother assuring Father were no absences during the third marking period, which were testified to at conciliation before Mrs. Sunday, violates Father's rights under the custody 27. Further, Mother testified at the conciliation when posed by Father that the was withdrawn from school on May 11, 2012 specifically for the conciliation such was noted to the school. 28. However, Mother notified the school that the child was absent from the seconA- half of the school day for the reason of "family - grandparent surgery." A true correct copy of the attendance student recording listing from child's school is attached as Exhibit "E." 29. It is averred by Defendant that there was no surgery for any family member, in fact the child was present in Dawn Sunday's office on May 11 in the accompanying her Mother to the conciliation. 30. While Mother's misdirecting the school isn't a clear violation of the custody order, it does expose the child to deception and manipulation, which Father not wish for the child to be exposed to nor to exhibit herself in her up through Mother's actions. 31. Father wishes for Mother to adopt a positive attitude and lifestyle which does reflect poorly on the child, nor teaches the child the rightness of improper such as lying or manipulation. 32. Both Father and Mother are attending sessions before a custody evaluator, per recommendation of Dawn Sunday. Father is to attend his session in late 2012. 33. Defendant respectfully requests that Plaintiff's July 25, 2012 Petition Contempt be joined and heard with Defendant's Petition for Contempt, and that a conciliation be scheduled following the completed custody evaluation. 34. Father has incurred significant legal fees as a result of Mother's actions. WHEREFORE, Father respectfully requests the following: a. That this Court find Mother in contempt of the Order; b. That the child's Facebook be disabled; c. That the June 5, 2012 Custody Order be appropriately modified; d. That Mother be responsible for reasonable counsel fees, sanctions, and co; and e. Any other relief this Court finds just and proper. Respectfully submitted, Date: August 1, 2012 ThKaw Off1of Peter J. Russo, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 ?Paul D. Edger, Esquire Attorney I.D. No. 312713 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 VERIFICATION I, Troy Vanderau, verify that the statements made in the foregoing document are true correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C. § 4904 relating to unsworn falsification to authorities. Troy Vanderau Exhibit "A" TROY VANDERAU, Plaintiff, vs. KATIE VANDERAU, Defendant. SEP 2 8 Z?O? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI NO. CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of du-.- 2006, the attached Sti pulat signed by the above captioned parties is approved and entered as an Order of Court. BY THE COURT: J. TP,51F. Canny FRe" M RECORD s my tw f e i of tale Pa. ......... KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com TROY VANDERAU, Plaintiff, vs. KATIE VANDERAU, Defendant. Attorney for Plaintiff 0 C r ? cn Z(D 5? ,v Vl T 1 ' 1 '?0 N 'TJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 06 - 6693 CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this 12th day of September 2006, it is STIPULATED and AGRE by and between the parties, Troy VanDerau ("Father") and Katie VanDerau ("Mothe intending to be legally bound hereby, that an Order regarding the custody and visitati of their minor child Sydney VanDerau (DOB: 7/11/2002) shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties ag that they will have shared legal custody of Sydney VanDerau ("Child"). The partie agree that major decisions concerning the Child, including, but not limited to, the Child health, welfare, education, religious training and upbringing shall be made by thei jointly, after discussion and consultation with each other, with a view toward obtainin and following a harmonious policy in the Child's best interest. Each party agrees not I impair the other party's rights to shared legal custody of the Child. Each party agree 0 n M- n4 06 4 T 7 M p 1 not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall bet the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Child at t le time of the emergency shall be permitted to make any immediate decisio s necessitated thereby. However, that party shall inform the other of the emergency a d consult with him or her as soon as possible. Each party shall be entitled to comple e and full information from any doctor, dentist, teacher, professional or any and all oth?r authorities and to have copies of any reports given to either party as a parent pu to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Chi shall be with the Mother. 3. Partial Physical Custody: Father shall have partial physi custody of the Child in accordance with the following schedule: a. Summer: Thirty-one days every summer, equaling one month, the date of beginning custody to be determined no later than May 31St of year. The Father will have custody of the child on her birthday every year, beginning in 2007. See paragraph c. b. Holidays: The parties agree to alternate holidays. The Father will custody of the child every other Christmas holiday, said custody beg no later than noon on Christmas Eve, and ending no earlier than 6 pm 2 New Years Day. The Father shall have custody of the child every other Thanksgiving holiday, beginning no later than noon on the Wednesday before Thanksgiving and ending no earlier than 9 am on the Sunday aftr Thanksgiving. The Father will have custody of the child during the Christmas holiday on odd years, i.e., 2007, 2009, etc. The Father ill have custody of the child during the Thanksgiving holiday on even yea s, i.e., 2006, 2008, etc. Specifically, when the Father has custody of child for Christmas, the Mother will have custody of the child Thanksgiving, and vice versa. c. Birthdays: The Father will have custody of the child on her birthdoy, every other year. This custody will coincide with the Father's custody the child during the summer. Specifically, on the years during which Father has custody of the child on her birthday, that day will fall during Father's month of custody in the summer. The Father will have of the child on her birthday in 2007, 2009, etc. 4. Transportation: The Mother shall bear all costs of transportation the child. Specifically, the Mother will bear the costs of transporting the child to Father's home in Pennsylvania from the Mother's current home in Alaska and back. 5. The parent with physical custody during any given period of time communicate in a prompt fashion with the other parent concerning the well-being Hof their Child, and shall appropriately notify the other parent of any changes in health jor educational progress. Each parent shall execute any and all legal authorizations so 3 F the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 6. Parents should provide one another with a phone number and where the Child may be contacted at all times whenever reasonably possible. principle applies to situations such as vacations and overnights with friends. parent should be promptly and politely responsive to the other parent's telephone calls 7. During any period of custody or visitation the parties to this Order shall n possess or use any controlled substance, nor shall they consume alcoholic to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. parties shall likewise assure, to the extent possible, that other household mer and/or houseguests comply with this prohibition. 8. Telephone Contact: Each parent shall be entitled to reasonab telephone contact with the Child which shall not be excessive as well as daily via e-mail with the Child when in the custody of the other parent. 9. No Conflict Zone: Each parent agrees not to attempt to alienate affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Child and refrain from and to the extent possible, shall not permit third parties from making such comments in thf presence of the Child whether the Child is sleeping or awake. Each parent shall speal' respectfully of the other whether it is believed the other reciprocates or not. parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child 4 to provide reports about the other parent. Communication should always take pl directly between parents, without using the Child as an intermediary. Each pa should encourage their Child to send the appropriate holiday cards to the other parent. 10. Applicable Laws: Any provision in this Agreement regarding Chil custody and visitation shall be governed and enforceable as set forth in the applicab Pennsylvania Rules of Civil Procedure, as well as any other remedies available at or in equity. 11. Modification: The provision of this Paragraph shall be mod according to applicable law. 12. UCCJEA and PKPA: Should it become necessary for the parties proceed in any court outside the Commonwealth of Pennsylvania or in any outside the County of Cumberland to enforce any of the provisions of this such enforcement shall be, at Father's option, in accordance with the provisions of Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for the Father to apply any court for enforcement of the custody obligations provided for in this Agreement, Mother hereby consents to the entry of any order required by any court or pursuant the provisions of UCCJA and PKPA, and she will not oppose an application beir brought pursuant to these statutes. 5 KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Telep one (7 7) 761-7573 Lesle am, Esquire Attorney for Plaintiff Sworn to or affirmed and acknowledged before me by KATIE VANDERAU on 2006 jay t' r: n-.. yv l .?' .+? icc ?1 Notary Public OFFICIAL SEAL [KnATHLEEEENNOM. DAWSON STATE F ALASKA NOTARY PUBLIC omm. Exp.: L?-; _ : C.? Troy VanDerau 8 Mallard Court Mechanicsburg, PA 17055 _._ ?. <Irf?l ........... V nt 6 Exhibit "B" KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-5068 CIVIL ACTION LAW TROY A. VANDERAU Defendant IN CUSTODY ORDER OF COURT AND NOW, this Ste` day of , 2012, consideration of the attached Custody Conciliation Rdport, it ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals de med necessary by the custody evaluator to a custody evaluation to be performed by a professional selected by agreement. The purpose of the evaluation shall be to obtain independent profess onal recommendations concerning ongoing custody arrangements which will best meet the Child's needs. The parties shall sign all authorizations deemed necessary by the evaluator to obtain addi onal information pertaining to the parties or the Child. All costs of the custody evaluation shall be s ared equally between the parties. Within 14 days of the date of the custody conciliation conference, the parties shall select the evaluator and contact the evaluator's office to schedule the initial sessions. 2. The Mother, Katie E. Vanderau, and the Father, Troy A. Vanderau, shall have shared le al custody of Sydney Ruth Vanderau, born July 11, 2002. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impai the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitate thereby. However, that parent shall inform the other of the emergency and consult with him or her is soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete d full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Pending completion of the custody evaluation and further Order of Court or agreement c the parties, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody of the Child on alternating weekends, beginning June 8, 2012, from Friday 5:00 p.m. through Sunday at 8:00 p.m. The Father shall also be entitled to have custody of the Chi] for up to two weeks during the summer school break upon providing at least 30 days advance notice to the Mother. The Father may have additional periods of custody with the Child as arranged by agreement between the parties in advance. The Father shall have custody of the Child from July 8 through July 23, 2012 while the Mother is out of town for work. 4. The parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody at the other parent's residence. 5. In the event either parent is unavailable to provide care for the Child during his or her of custody for an overnight period or longer, that parent shall first contact the other parent to offs opportunity to have custody of the Child during the custodial parent's unavailability. 6. In the event the Child will be staying outside of the residence of the custodial parent fo an overnight period or longer, that parent shall notify the other parent in advance of the Child's conta t information. 7. The Father shall have a scheduled telephone call with the Child each week to take every Tuesday evening at 8:00 p.m. Additionally, the Father may have reasonable telephone with the Child at other times. 8. The Mother shall provide the Father with all information concerning the Child's acti including but not limited to the summer camp schedule in a timely manner. 9. Within 60 days of receipt of the written custody recommendations, counsel for either pj may contact the conciliator to schedule an additional custody conciliation conference, if necessary 10. 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 absen mutual consent, the terms of this Order shall control. BY THE COURT, cc: Heather E. Verchick Esquire - Counsel for Mother Paul D. Edger Esquire - Counsel for Father -' o .J.. N i 3 C.... rn ? TRUE COPY FROM RECORD in Testimony whereof, l here unto set my hid and the seal of said Cou at Carlisle. Pa. This `? day of 20 la ?n Prothonotary of o? Cw " KATIE E. VANDERAU Plaintiff vs. TROY A. VANDERAU Defendant Prior Judge: J. Wesley Oler Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5068 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF 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 Sydney Ruth Vanderau July 11, 2002 Mother 2. A custody conciliation conference was held on May 29, 2012, with the following indivi ta's in attendance: the Mother, Katie E. Vanderau, with her counsel, Heather E. Verchick Esquire, an the Father, Troy A. Vanderau, with his counsel, Paul D. Edger Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit "C" ¦ Lie Comment Katie VanDerau Oh the regret of not spending 1 Ok on a pitman six years ago........ lol, Like - Comment 612 Q2 . Katie VanDerau Clutch!! Yep we are going dawn! Like • Comment 62 Ql Katie VanDerau 'heir Friday...while I work ...hmmmm Exhibit "D" N c m . (DD CD CD C o . o 9 c co ? (D 0 = C C ? m C ?1 " m rn ? M d _ 0 0 > 0 > 0 > 3 0 3 vi CD _. ` v C, c O C 3 C c y y =r a O V3 g x (D ?- _ O CL CL CL 4 m it N O ? p = FjT d O CL A s N 2t '? N 1 R S . > C > N it N CD N A C o EL • H 1 i n > f > . K .., . m 's m y w a Y ` $ mg m m ? j cep y o e 9 0 0 o ca 3 j a ? Cl) OT N n Z m .' 0 I S C O - Z m (,? D -? \/ C ? pc ,? '.,?. ~ c e a O) No Q> ?O 3 - 7 ZZ N m Z CD t ? p a D a ' o v i O c a° M O ?I O ° n 9 G ?o Z N th p- ?. -' y y m fi CD v N I i Q Ky rF t' ? 2 T. N A N N N N N N ? pf N N N N N N N 44 V ff1166 ? S I ' y 3 It. 4n 2! ? q m -? " =.?s 5, F LT , . .q Z G m n? CL $ t' . Q Y ? g ° b w w w o `w Exhibit "B" C n CO <N D (n Dn 0000 co OsAr C? o , w m e n} m m m m C c o C7 D Cn --I D o Cl) C) C C a - o n 3 A m p. c c o o m =r en N y ?A CD CD C N N N N C O O O O ?'_.. 7 rS 3 Q cam. d m m d m _ d d vtii n3i m m 3 p N W c9 vcDi g m N m c. N H N N N ; s m m m & CL 10 * y S eo m N m _ CD N ni N N N a N C) O N C m A (X Op C N_ . ,)• Z CD Er- =5 x CD 0 U) en In cn a) In O N O O CD C C C C .? G7 =. N C Q• O = O N p d y A - _ Q T O '- t1f C O 7 7 7 ??! O C N y O M. N• N y CU CD 0 D) =3 CD CL m m CL A * f/Z m o m N m N N 33 > > y O N C CL V 0 0 N N 0I d CD y L co w O C O 9 . pp S CL < cn CL CL CL CL 0 CX o W o> >>> o N y' CD in N m m m A H N 3 ? O?OC??N' m'm y.o ?? j ;E ;o o c o m D --I-IC? o o Orb to o :E CD 8 2L CD =1 a , -? o = r_+ N $ co 02 gi Z _ m O m N O' G? h e = 7 C Ip y Vl m? S t^? ? cc 3 0 m c, t?• S 1 y12 O ? N N r . ?' V N ? N N ? •..{ N O N N .,. -? N? YG o >.. m fn (D 6n W N r ?C. _ . i LV LB `~ an C n Q? 3 0CA0Z N f?j r, 7X QI I M. m C_ co z:; to ?. 1 3 .: QQ 23 o c v a n 3 r.g 1 F m to m ce. 9 c m n w m , o to co { y c N y O O N- - K' %: 4cy N r.. O O CA - S4, N N SM W? 0 :E a s d •?a G -} Y 't - Ir • t fi. Yom, t '01 1 6 9 ., • c }o is ' m oo m L2 :: ,,.o g o t "Y r Exhibit "F" Attendance Student Record Listing Thomas W. Holtzman Jr. Elementi-, Page: 1 Date: 06/22/012 School Year: 1-12 VanDerau, Sydney R IDS:,,2020028', Birthdate. 0.7%11/2;002 YQG 20'20.Hmrz .. Entry Code Date Withdrawal Code Date Register Codes R4 03/22/2012 R4 Daily Attendance Records: 03/26/12 Mon Al Absent Full Day Excuse Note: sick 03/30/12 Fri Al Absent Full Day Excuse Note: sick 04/30/12 Mon Al Absent Full Day Excuse Note: sick 05/11/12 Fri A1P Absent PM Excused 11:31 Note: Family -Grandparent surgery Attendance Totals: (08/29/2011 - 06/11/2012) Possible: 52 000 RI., 118 15 • sences. 3.500 Tardy: 0 Consecutive Abs: 0 Present: 48.500 Unexc Absences: 0.000 Dismissed: 0 Consecutive Tar: 0 $ Attendance: 93% Total Absences: 3.500 NonMember: 128 Sessions: 180.000 S2 nnIVI-S 5 KATIE E. VANDERAU, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW TROY A. VANDERAU, NO. 06-5068 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Derek M. Strouphauer, hereby certify that I am on this day serving a copy of foregoing documents upon the person(s) listed below via US Regular Mail, and addressed follows: Heather E. Verchick, Esquire Andreozzi & Associates, P.C. 215 Pine Street, Suite 200 Harrisburg, PA 17101 Derek M.?trouphauer, Paralegal Date: ?? vZ o/a KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN~- ~~,,.~,,.~ • 21106-5068 CIVIL ACTION LAW ~ c~ ~ ..~~ cri TROY A. VANDERAU ~~ ~ IN CUSTODY ~ c-~ ~ DEFENDANT W --+ _.~; ~ rn ORDER OF COURT AND NOW, Wednesday, Auguat 15, 2012 ,upon consideration of the attached Comp it is hereby directed that parties and their respective counsel appear before ___Daw±n S. Snnd~_Esq._ _ ,the at 39 West 1Vlaha Street, Meehaaicsbarg, PA 17053 on Tuesday, AaRast 28, 2012 at for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in di if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to 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 alt 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/ Z~wrx S. Sunda E Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Ami 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. Alt arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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. e ~ ~e~G~,~C~ ~~ , ~/~ ger ~: ~m,__ Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~P~-ps tea, GE'clr ~/~s-l/Z -t x ~; rrt r=` 9 c --+c~ z-~~ r..~ ~°~ r~ -~-~ ~' ~ ~.~ PM or D KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5068 CNIL ACTION LAW TROY A. VANDERAU Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of 2012, ' lupon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: ', 1. The prior Order of this Court dated June 5, 2012 shall continue in effect as modified bI~ this Order. 2. In the event the parties agree to modify the custody arrangements in any way, in ordl~r for the change to be binding and effective, the parties shall either sign a written statement reflectir~ the change or if accomplished by email or text message, both parties shall sign a message containirA the complete terms of the agreement. 3. Neither party shall enroll the Child in an activity which could fall on the custodial tie of the other parent, unless both parties have confirmed agreement to the enrollment in writing. 4. Neither party shall activate the Child's face book page without the written consent c~f the other party in advance. 5. The custodial parent shall prom tly noti the other arent in the event the Child wall be P fY p absent from school. 6. In the event the Child will be staying outside of the residence of the custodial parent ~~r an overnight period or longer, that parent shall notify the other parent in advance of the address and telephone number where the Child can be contacted. This provision replaces paragraph 6 of the!., ~rior Order of this Court dated June 5, 2012. 7. Both parents shall ensure that the Child attends all of her regularly scheduled activities unless agreed between the parties in advance in writing. 8. No party shall be permitted to relocate the residence of the Child which significantly irk airs the ability to exercise custody unless every individual who has custodial rights to the Child consets to the proposed relocation or the Court approves the proposed relocation. A person proposing to rellpcate MUST comply with 23 Pa. C.S. § 5337. 9. 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 writing and signed by each party. In the absence of mutual consent confirmed in writing and signed by'' both parties, the terms of this Order shall control. BY THE COURT, ~G~ Christylee L. eck J. cc: '~ Heather E. Verchick Esquire -Counsel for Mother / Paul D. Edger Esquire -Counsel for Father ~/lam -.n N~." -~~' ~n -~ i `~ ~• z o-~ ~ -~~s R I .~.~ ~ i .Y f ...+(! KATIE E. VANDERAU Plaintiff vs. TROY A. VANDERAU Defendant Prior Judge: Christylee L. Peck IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAlvTIA 2006-5068 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUIYIMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF (G#VIL 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 litigationi, Iis as follows: NAME DATE OF BIRTH Sydney Ruth Vanderau July 11, 2002 CURRENTLY IN CUSTODY OF Mother/Father 2. A custody.. conciliation conference was held on August 28, 2012, with the folk# `ng individuals in attendance: the Mother, Katie E. Vanderau, with her counsel, Heather E. Ve~hick Esquire, and the Father, Troy A. Vanderau, with his counsel, Paul D. Edger Esquire. 3. The parties agreed to entry of an Order in the form as attached, which resolves both p~ties' Petitions for Contempt. Date Dawn S. Sunday, Esquire Custody Conciliator KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5068 CIVIL ACTION LA)y C:: TROY A. VANDERAU Defendant IN CUSTODY r �, r ORDER OF COURT >C: AND NOW, this day of t._ 21'3, - pon consideration of the attached Custody Conciliation Report, Wis ordered and directed as follows: 1. The prior Orders of this Court dated June 5, 2012 and September 6, 2012 are vacated and replaced with this Order. 2. The Mother, Katie E. Vanderau, and the Father, Troy A. Vanderau, shall have shared legal custody of Sydney Ruth Vanderau, born in 2002. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. During the school year, the Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 8:00 p.m. 5. During the summer school break in 2013, the parties shall follow the alternating weekend partial custody schedule with the Father also having custody of the Child from August 9 through August 25. Beginning in 2014 and continuing thereafter, the parties shall share having custody of the Child during the summer school break on an alternating weekly basis with the exchange to take place every Monday at 8:00 p.m. The summer custody schedule shall begin with the parent who did not have custody on the first weekend after the last day of school. The summer custody schedule shall end one full week before school begins. 6. Except as otherwise stated in this Order, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody at the other parent's residence. 7. In the event either parent is unavailable to provide care for the Child during his or her period of custody for an overnight period or longer, that parent shall first contact the other parent to offer the opportunity to have custody of the Child during the custodial parent's unavailability. The non- custodial parent shall be entitled to have custody of the Child under this right of first refusal even if that parent is not available during the entire period of the custodial parent's unavailability. Unless otherwise agreed between the parties, the non-custodial parent who is assuming custody under this provision shall be responsible to provide all transportation for exchanges of custody. 8. In the event the Child will be staying outside of the residence of the custodial parent for an overnight period or longer, that parent shall notify the other parent in advance of the address and telephone number where the Child can be contacted. 9. The Father shall have a scheduled telephone call with the Child every Wednesday evening at 8:00 p.m. Additionally, the Father may have reasonable telephone contact with the Child at other times. 10. In order to improve communications and share information pertaining to the Child, the parties shall have a scheduled telephone call on the first Monday of each month, with the Father contacting the Mother by telephone between 6:00 p.m. and 10:00 p.m. 11. The custodial parent shall promptly notify the other parent in the event the Child will be absent from school. 12. Neither party shall activate the Child's Face Book page without the written consent of the other party in advance. 13. In the event the parties agree to modify the custody arrangements in any way, in order for the change to be binding and effective, the parties shall either sign a written statement reflecting the change or if accomplished by email or text message, both parties shall sign a message containing the complete terms of the agreement. 14. Neither party shall enroll the Child in an activity which could fall on the custodial time of the other parent unless both parties have confirmed agreement to the enrollment in writing. Likewise, neither party shall give permission for the Child to discontinue an activity unless both parties have confirmed agreement in advance. The parties shall use January 1 as the annual anniversary for re- enrollment of the Child in, or removal of the Child from, an activity at which time both parties must agree to the enrollment or discontinuation. The parties agree that the Child shall continue to participate in horseback riding/showing during 2013 and that both parties shall ensure that the Child attends all horseshows, riding lessons and special events (such as the banquet) during his or her period of custody. The parties have agreed that the Child will participate in shows which fall on the Father's custodial period on September 14, October 26 and November 22, 2013. The parties shall continue to discuss the roundup show on July 20, 2013 and the horse show on August 17, 2013 (which falls within the Father's vacation weeks) to make arrangements for the Child to participate in those activities if at all possible. In future years, if the parties have agreed that the Child shall participate in horseback riding for the following year, within one month of receipt of the horse show schedule in February, the parties shall cooperate with each other in establishing a schedule for the shows in which the Child shall participate and determine the custodial arrangements. If the parties are unable to reach an agreement between them, they shall engage the services of a mediator to assist them. The parties shall establish a horse show/custodial schedule either by discussion or mediation by April 1 of each year. 15. The parties shall continue to discuss the possibility of participating in a course of co- parenting counseling to assist them in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. 16. The parties shall print and retain all emails to each other. 17. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 18. 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 writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, Christylee P ck J. cc: Pe6ther E. Verchick Esquire—Counsel for Mother -"'Paul D. Edger Esquire—Counsel for Father LL ' 3 KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-5068 CIVIL ACTION LAW TROY A. VANDERAU Defendant IN CUSTODY Prior Judge: Christylee Peck 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 BORN IN CURRENTLY IN CUSTODY OF Sydney Ruth Vanderau 2002 Mother 2. A custody conciliation conference was initially held on February 20, 2013, with the following individuals in attendance: the Mother, Katie E. Vanderau, with her counsel, Heather E. Verchick Esquire, and the Father, Troy A. Vanderau, with his counsel, Paul D. Edger Esquire. At the conclusion of that conference, it was agreed that the conciliator would hold this matter open pending receipt of the evaluator's written custody recommendations. Following receipt of the evaluation report, the conciliation conference was reconvened on June 13, 2013 with the same individuals in attendance. 3. It is strongly recommended that the parties make arrangements to engage in a course of co- parenting counseling. 4. The parties agreed to entry of an Order in the form as attached. The attached proposed Order resolves both the outstanding Petition for Modification and Petition for Contempt. Date Dawn S. Sunday, Esquire Custody Conciliator Benjamin D.Andreozzi ' t . -i- /(,I Attorney ID#89271 Q 1 Na '� ti Heather E. Verchick 2°13 SEP 18 Attorney ID#201310 �, � P11 1: /6 � ANDREOZZI&ASSOCIATES,P.C. f' ER �� c� 215 Pine St., Ste.200 ENN YL uA Nf ANT Y Harrisburg ,PA 17101 717-525-9124 Ben@midstatelaw.com midstatelaw.com Attorney for Plaintiff KATIE E. VANDERAU, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-5068 TROY A. VANDERAU, CIVIL ACTION - LAW Defendant IN CUSTODY EMERGENCY PETITION TO OBTAIN DEFENDANT'S CELL PHONE NUMBER AND NOW comes the Petitioner, Katie E. Vanderau, by and through her attorney, Andreozzi & Associates, and seeks to obtain Defendant's cell phone number, and avers the following: 1. The Plaintiff is Katie E. Vanderau, who is currently residing at 113 Tupelo Street, Harrisburg, PA 17110 (hereinafter "Mother"). 2. The Defendant is Troy A. Vanderau, who is currently residing at 6108 Galleon Drive, Mechanicsburg, PA 17050 (hereinafter "Father"). 3. The parties are the parents of Sydney Ruth Vanderau (hereinafter "Child"), who was born on July 11, 2002. 4. Pursuant to a July 1, 2013 Order of Court that was entered by agreement after a Conciliation, Mother has primary physical custody of the Child during the school year and Father has physical custody of the Child every other weekend from Friday through Sunday/s during the school year. g,OC)-P8 CitIV°3 0149 a�it eras 5. During the summer, starting in the summer of 2014, the parties have agreed to share custody on a week on/week off basis. 6. Father also has a weekly telephone call every Wednesday with the Child at 8:00 p.m. 7. Prior to this Order, Father had provided Mother with his home number in order for Mother to be able to contact Father in the event of an emergency or if she wanted to contact the Child during Father's periods of partial physical custody. 8. Mother recently learned that Father's home number has been disconnected. 9. Mother now does not have a phone number to directly contact Father in the event of an emergency or during his periods of partial physical custody. 10. Father has a cell phone that he has been using to contact the Child for his weekly telephone calls, but has thus far refused to provide that number to Mother. 11. These phone calls show up as restricted, so Mother cannot see the phone number that Father is calling from or call Father back on that number. 12. As a result, the only way that Mother can now directly contact Father is through e-mail. 13. Mother needs to be able to directly contact Father in the event of an emergency that involves either her or the Child. 14. Furthermore, Mother needs to be able to directly contact Father during his times of physical custody of the Child. 15. Undersigned counsel contacted counsel for Father numerous times in an attempt to remedy this situation. 16. Counsel for Father repeatedly stated that Father would not provide Mother with his personal cell phone number, despite the fact that he has been using it to contact the Child for his weekly telephone calls. 17. As such, it has become necessary to seek court involvement. 18. It is in the Child's best interest for Mother to be able to directly contact Father by phone in the event of an emergency or during Child's custodial time with Father. 19. Therefore, Mother respectfully requests that this Honorable Court Order Father to provide Mother with his personal cell phone number within ten (10) days of the date of this Order. WHEREFORE, Petitioner Katie E. Vanderau, respectfully requests this Honorable Court Order Father to provide Mother with his personal cell phone number within ten (10) days of the date of this Order. Date: Cl h3(13 Respectfully submitted, ANDREOZZI &ASSOCIATES, P.C. qt, By: Heather E. Verchick, Esquire Attorney ID # 201310 215 Pine St., Ste. 200 Harrisburg, PA 17101 (717) 525-9124 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Emergency Petition to Obtain Father's Cell Phone Number 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. 4-I lila- CiAt-' Katie E. anderau Date: ii..5V;-o/ CERTIFICATE OF SERVICE I, Heather E. Verchick, Esquire, hereby state that I have this day caused to be served a true and correct copy of the Plaintiffs Emergency Petition to Obtain Father's Cell Phone Number to all counsel of interest at the address below named, by U.S. Mail, First-Class,postage prepaid: Paul D. Edger Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Dated: /13 /1) By: Heather E. Verchick, Esq Counsel for Plaintiff KATIE E. VANDERAU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : CIVIL ACTION—LAW • TROY A. VANDERAU, • Defendant : NO. 06-5068 CIVIL TERM IN RE: PLAINTIFF'S EMERGENCY PETITION TO OBTAIN DEFENDANT'S CELL PHONE NUMBER ORDER OF COURT AND NOW, this 30th day of September, 2013, upon consideration of Plaintiff's Emergency Petition To Obtain Defendant's Cell Phone Number, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, Chris lee L. Peck, J. Bather E. Verchick, Esq. ANDREOZZI & ASSOCIATES, P.C. 215 Pine Street, Suite 200 Harrisburg, PA 17101 Attorney for Plaintiff Paul D. Edger, Esq. Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 T' `; rrl -'-- T1 ,_.r.) f 1 r_ Mechanicsburg, PA 17050 ;z -77 Attorney for Defendant y o <c' r :rc ? 4 C. C? i2 mss ► tr4 Zvi 2 FILED -OFFICE Benjamin D.Andreozzi ,.`T.HP PROTHONOTA't `t Attorney ID#89271 Heather E.Verchick 2013 OCT I 1 PIS 2= 06 Attorney ID#201310 ANDREOZZI&ASSOCIATES,P.C. CUMBERLAND COUNTY 215 Pine St.,Ste.200 PENNSYLVANIA Harrisburg,PA 17101 717-525-9124 Ben @midstatelaw.com Attorney for Plaintiff KATIE E. VANDERAU, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. No. 06-5068 TROY A. VANDERAU, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO WITHDRAW PLAINTIFF'S EMERGENCY PETITION TO OBTAIN DEFENDANT'S CELL PHONE NUMBER Please withdraw Plaintiffs Emergency Petition to Obtain Defendant's Cell Phone Number. The matter addressed in that Petition has been resolved by the parties. Date: I /(5 Respectfully submitted, ANDREOZZI &ASSOCIATES,P.C. By: Heather E. Verchick,Esquire Attorney ID#201310 215 Pine St., Ste. 200 Harrisburg, PA 17101 (717) 525-9124 Attorney for Plaintiff IIf CERTIFICATE OF SERVICE I, Heather E. Verchick,Esquire, hereby state that I have this day caused to be served a true and correct copy of the Praecipe to Withdraw Plaintiffs Emergency Petition to Obtain Father's Cell Phone Number to all counsel of interest at the address below named,by U.S. Mail, First-Class,postage prepaid: Paul D. Edger Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 203 Mechanicsburg,PA 17050 Dated: a / `� By: 1411— 62 6-k l 1 Heather E. Verchick,Esq Counsel for Plaintiff KATIE E. VANDERAU, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-5068 TROY A. VANDERAU, CIVIL ACTION - LAW _ . Defendant IN CUSTODY NO —< "">. fs.) C:, -, ..< L.,-,1 ....,.. *a- — c; c...: - Kindly withdraw the appearance of Heather E. Verchick, Esquire, and Andreoz4 &c , :.. – - --< J _ WITHDRAWAL OF APPEARANCE Associates, P.C. for Plaintiff Katie E. Vanderau in the above-captioned matter. Date: Date: Respectfully Submitted, ANDREOZZI & ASSOCIATE S, P.C. By: Heather E. Verchick, Esquire Attorney ID #201310 215 Pine Street Suite 200 Harrisburg, PA 17101 717.525.9124 Phone 717.525.9143 Fax ENTRY OF APPEARANCE Kindly enter my appearance as Pro Se in the above-captioned matter. By: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATIE E. VANDERAU, Plaintiff v. TROY A. VANDERAU, Defendant No. 2006-5068 Petition for Contempt and Modification 1. Petitioner is Defendant, TROY A. VANDERAU, who currently resides at 6108 Galleon Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent is Plaintiff, KATIE E. VANDERAU, who currently resides at 1303 Arthur Drive Apt. 106, Harrisburg, Dauphin County, PA 17110. 3. Petitioner and Respondent are the natural parents of the following child: Name Age SYDNEY R. VANDERAU 12 years 4. A custody order was entered on 7/1/2013, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: 8/1/2014 - Mother fails to offer first refusal and informing father of her unavailability. 7/27/2014 - Mother fails to offer first refusal and informing father of her unavailability. 7/13/2014 - Mother fails to offer first refusal and informing father of her unavailability. 6/30/2014 - Mother enrolled child in an activity which fell on father's custodial time without a confirmed agreement to the enrollment in writing. 6/24/2012 - Mother continues to deny the father's request of information of counselor the child is attending. 4/30/2014 - Mother provides false information to father when the father requested full information to doctor's visit when child was sick. 0. Da cacti /13/ 6)4°0 6. Petitioner seeks to modify the custody order because: With the mother's continuous lack of respect of the current Custody Order, her willingness to alienate the child from the father, lack of providing medical care to the child when sick, failure to parent the child and make corrections to the child when the child is misbehaving, not providing the stability with the child's education, family life and community life with frequent residential moves, her willingness to want to move to Florida "with or without her" without no extended family, and with the continuous traveling the mother does. I believe it is in the best interest of the child that primary custody of the child goes to the father. The father, who has been in a marriage since 2008 and has been living in the same school district for over 4 years with no plans on moving from the current school district and provides a more traditional family atmosphere for the child. The child interacts extremely well with her younger brother and enjoys the lifestyle the father and stepmother have provided for their family. The father has extended family close to his current address and the child attends summer vacations with that extended family. The child has expressed to the father that she is tired of moving with her mother and constantly changing friends. 7. Petitioner believes the custody order should be changed as follows: a. Father shall have primary physical custody of the child. b. Legal custody will be 50/50. c. During the school year, the Mother shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 8:00 p.m. d. If the Mother maintains residency in the Harrisburg, Pa. area, during the summer school break, the parties shall follow an alternating week custodial schedule. e. The custodial parent receiving custody is responsible to provide transportation for the exchange of custody at the other's parent's residence. If the custodial parent receiving custody is having someone other than them self pick up the child. The custodial parent receiving custody will inform the other parent who is arriving to pick up the child. f. If the Mother maintains residency in the Harrisburg, Pa. area, when a parent is unavailable to provide care for the Child during his or her period of custody for an overnight or longer, that parent shall first contact the other parent offer the opportunity to have custody of the Child during the custodial parent's unavailability. g. The Mother will have a scheduled phone call of with the Child every Wednesday evening at 8:00 p.m. Additionally, the Mother may have reasonable telephone contact with the Child at other times. h. If the Mother maintains residency in the Harrisburg, Pa. area, the custodial parent will inform the other when the Child will be staying outside the residence of the custodial parent. The custodial parent will provide in advance the address, adult's name at the residence and phone number for the other parent to contact in case of an emergency. i. Neither party will enroll the Child in an activity which could fall on the custodial time of the other parent unless both parties have confirmed agreement to the enrollment in writing. j. The custodial parent shall promptly notify the other parent in the event the Child will be absent from school. k. If the Mother maintains residency in the Harrisburg, Pa. area, during the school year arrangements can be made with the Father for the Child to spend evenings with the Mother. Pick up and drop off will be responsibility of the Mother. The Child is to be returned to the Father no later than 8:00 p.m. during the school year. The request to do such will be given to the Father by email no later than 7 days prior to the time and date requesting. Refusal to the request will be given by email with a brief explanation of the refusal with possible alternate available dates. WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requested. Date: TROY A. VANDERAU, e en ant Verification I, TROY A. VANDERAU, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: /2 Z KI TROY A. VANDERAU, Defendant KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C7 N �i vs. 2006-5068 CIVIL ACTION LA w —► - T, rn� c t_.o TROY A. VANDERAU =r- a -<D — --I G { t=J -p O -rt D C) 3C z - ZO pc -c AND NOW, this J ' ` day of J , 2013, upon consideration of the attached Custody Conciliation Report, is ordered and directed as follows: Defendant IN CUSTODY ORDER OF COURT 1. The prior Orders of this Court dated June 5, 2012 and September 6, 2012 are vacated and replaced with this Order. 2. The Mother, Katie E. Vanderau, and the Father, Troy A. Vanderau, shall have shared legal custody of Sydney Ruth Vanderau, born in 2002. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have'primary physical custody of the Child. 4. During the school year, the Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 8:00 p.m. 5. During the summer school break in 2013, the parties shall follow the alternating weekend partial custody schedule with the Father also having custody of the Child from August 9 through August 25. Beginning in 2014 and continuing thereafter, the parties shall share having custody of the Child during the summer school break on an alternating weekly basis with the exchange to take place every Monday at 8:00 p.m. The summer custody schedule shall begin with the parent who did not havecustody on the first weekend after the last day of school. The summer custody schedule shall end one full week before school begins. 6. Except as otherwise stated in this Order, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody at the other parent's residence. 7. In the event either parent is unavailable to provide care for the Child during his or her period of custody for an overnight period or longer, that parent shall first contact the other parent to offer the opportunity to have custody of the Child during the custodial parent's unavailability. The non- custodial parent shall be entitled to have custody of the Child under this right of first refusal even if that parent is not available during the entire period of the custodial parent's unavailability. Unless otherwise agreed between the parties, the non-custodial parent who is assuming custody under this provision shall be responsible to provide all transportation for exchanges of custody. 8. In the event the Child will be staying outside of the residence of the custodial parent for an overnight period or longer, that parent shall notify the other parent in advance of the address and telephone number where the Child can be contacted. 9. The Father shall have a scheduled telephone call with the Child every Wednesday evening at 8:00 p.m. Additionally, the Father may have reasonable telephone contact with the Child at other times. 10. In order to improve communications and share information pertaining to the Child, the parties shall have a scheduled telephone call on the first Monday of each month, with the Father contacting the Mother by telephone between 6:00 p.m. and 10:00 p.m. 11. The custodial parent shall promptly notify the other parent in the event the Child will be absent from school. 12. Neither party shall activate the Child's Face Book page without the written consent of the other party in advance. 13. In the event the parties agree to modify the custody arrangements in any way, in order for the change to be binding and effective, the parties shall either sign a written statement reflecting the change or if accomplished by email or text message, both parties shall sign a message containing the complete terms of the agreement. 14. Neither party shall enroll the Child in an activity which could fall on the custodial time of the other parent unless both parties have confirmed agreement to the enrollment in writing. Likewise, neither party shall give permission for the Child to discontinue an activity unless both parties have confirmed agreement in advance. The parties shall use January 1 as the annual anniversary for re - enrollment of the Child in, or removal of the Child from, an activity at which time both parties must agree to the enrollment or discontinuation. The parties agree that the Child shall continue to participate in horseback riding/showing during 2013 and that both parties shall ensure that the Child attends all horseshows, riding lessons and special events (such as the banquet) during his or her period of custody. The parties have agreed that the Child will participate in shows which fall on the Father's custodial period on September 14, October 26 and November 22, 2013. The parties shall continue to discuss the roundup show on July 20, 2013 and the horse show on August 17, 2013 (which falls within the Father's vacation weeks) to make arrangements for the Child to participate in those activities if at all possible. In future years, if the parties have agreed that the Child shall participate in horseback riding for the following year, within one month of receipt of the horse show schedule in February, the parties shall cooperate with each other in establishing a schedule for the shows in which the Child shall participate and determine the custodial arrangements. If the parties are unable to reach an agreement between them, they shall engage the services of a mediator to assist them. The parties shall establish a horse show/custodial schedule either by discussion or mediation by April 1 of each year. 15. The parties shall continue to discuss the possibility of participating in a course of co - parenting counseling to assist them in establishing sufficient communication and cooperation to enable them to effectively co -parent their Child. 16. The parties shall print and retain all emails to each other. 17. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 18. 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 writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, cc: Heather E. Verchick Esquire — Counsel for Mother Paul D. Edger Esquire — Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, I here unto set :my hand anddthesea of:saldCO rta Carlisla,-Pa. Thl>€ ' Lay of . . 20 k Prothonot AATIE. nbERAU. Plaintiff Vs 472 VION-N.24 LA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 0 SaeW CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 1, • , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially • equivalent crime in any other jurisdiction, including pending charges: Crime Self Other household member Check all that apply 18 Pa.C.S. Ch. 25 (relating to criminal homicide) Ei 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) Date of Sentence conviction, . guilty plea, no contest plea or pending charges rr 1 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) n E 18 Pa.C.S. §3122.1 E 7 relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 E (relating to aggravated indecent assault) 18 Pa.C.S. §3126 E (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) E EJ 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 E.] (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest} 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902031 (relating to prostitution and related offenses) 18 Pa.C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 0 EJ (relating to corruption of minors) _J 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 7 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 1_7 (relating to contempt for violation of Protection order or agreement) Driving under the E influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for_sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply Self Other household Date A finding of abuse by a Children & Youth IT Agency or similar agency in Pennsylvania or similarstatute in another iurisdiction �I Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: | verify that the information above is true and correct to the best of my knowledge information or belief. | understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature KATIE E. VANDERAU PLAINTIFF V. TROY A. VANDERAU DEFENDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANt.I$ -m): rico zrn Cn r r 2006-5068 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT :No Friday, August 22, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 16, 2014 3:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or 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. Cc•fgier U dJc�E/t1t t S' cL LL 48/2,4-PY Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5068 CIVIL ACTION LAW TROY A. VANDERAU Defendant IN CUSTODY ORDER OF COURT AND NOW, this r?._ day of , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing on the Father's Petition for Contempt and Modification is scheduled in Court et ", Room No. .5 of the Cumberland County Court House on the d r)6( day of ,mac r. urn 201X, at which time testimony will be taken. For purposes of the hearing, the Father shall be eemed o e the moving party and shall proceed initially with testimony. Counsel for the parties or a party pro se shall fie with the Court and the opposing party a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court dated July 1, 2013 shall continue in effect. 3. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc:stip Abel Esquire — Counsel for Mother n r Father A. Vanderau — CO'?je.S , .1 /c f9/fy BY THE COURT, Christylee L. Peck J. S KATIE E. VANDERAU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. TROY A. VANDERAU Defendant Prior Judge: Christylee L. Peck 2006-5068 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 Sydney Ruth Vanderau BIRTH YEAR CURRENTLY IN CUSTODY OF 2002 Mother 2. A custody conciliation conference was held on September 16, 2014, with the following individuals in attendance: the Mother, Katie E. Vanderau, with her counsel, Justin Abel Esquire, and the Father, Troy A. Vanderau, who is not represented by counsel in this matter. 3. This Court previously entered an Order in this matter on July 1, 2013 under which the Mother has primary physical custody of the Child and the Father has partial physical custody on alternating weekends during the school year and during alternating weeks during the summer. The Father filed this Petition for Contempt and Modification seeking primary physical custody of the Child. 4. It was agreed at the conference that the Mother would provide information to the Father regarding the Child's physician visits during March, April and May and the Father agreed to consider having the Child work with a mutually selected counselor to determine how the Child is doing and provide guidance to the parents on the issues which were the subject of the Father's Petition. The Father agreed to consider that option as an alternative to scheduling a hearing at this time but reserved the right to request that a hearing be scheduled by October 7. 5. The Father subsequently contacted the conciliator to advise that the information provided by the Mother had been contradicted by the physicians identified and the Father requested that a hearing be scheduled without further delay. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interests for him to have primary physical custody throughout the year to prevent the Child from going back and forth when the Mother travels frequently for her work. The Father also continues to have concerns about whether the Child is receiving necessary medical care and believes the Mother has been withholding information about the Child's attendance at counseling and appointments with physicians. The Father indicated that the Mother repeatedly failed to exercise the right of first refusal provided in the 2013 Order during the summer, and also violated the Order by enrolling the Child in activities without prior consultation or agreement with the Father. Finally, a major concern for the Father is his belief that the Mother has provided him with false information about the Child's medical care. 7. The Mother's position on custody is as follows: The Mother denied the Father's allegations with regard to her failure to provide information to the Father concerning the Child's health and medical treatment. Conversely, the Mother indicated that she notified the Father appropriately and that she would provide the information again to the Father following the conciliation conference. The Mother indicated that her travel has almost exclusively taken place during the summer months when the Father has custody of the Child on alternating weeks so that it did not affect the Child's schedule as alleged by the Father. The Mother opposes the Father's request for primary physical custody. 8. As the Father has requested the scheduling of a hearing and the fact that the parties have completely different perspectives on their communications and the Child's needs, it will be necessary to schedule a hearing. It is anticipated that the hearing will require up to one-half day. The Father does not intend to obtain legal representation for the hearing and therefore no pretrial conference is scheduled in the recommended Order. Date �� ay a_o/V Dawn S. Sunday, Esquire Custody Conciliator