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HomeMy WebLinkAbout06-5161JEREMY B. BURNS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006- 5-161 NICOLE A. KRAUSE, CIVIL ACTION -LAW Defendant CUSTODY COMPLAINT FOR SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, JEREMY B. BURNS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: Plaintiff is JEREMY B. BURNS, who resides at 604 Third Street, Enola, Cumberland County, Pennsylvania. Defendant is NICOLE A. KRAUSE, who resides at 5835 Westbury Drive, Enola, Cumberland County, Pennsylvania. Plaintiff and Defendant are not married and are the parents of one child, KAYLEY A. KRAUSE, born August 27, 2006. 4. The best interests and welfare of the minor child, KAYLEY A. KRAUSE, would be served by placing shared physical and legal custody of the child with Plaintiff. 5. The minor child has resided at 5835 Westbury Drive, Enola, Cumberland County, Pennsylvania, with Mother since birth. 6. Plaintiff does not have any information of any custody proceeding concerning said minor children in any court in Pennsylvania or any other State. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that shared physical and legal custody of the minor child, KAYLEY A. KRAUSE, be placed with Plaintiff. Respectfully submitted, Date: September, 2006 146 MAX J. SMITH, JR., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. J JEREM \B. B WS n V O f 0 O -1? d n h F p1 1 d n rt N o+ I U? N C" CO T-? T r_l J m JEREMY B. BURNS PLAINTIFF V. NICOLE A. KRAUSE DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 07, 2006 , upon consideration it is hereby directed that parties and their respective counsel appear before Melissa P. at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, October A for a Pre-Hearing Custody Conference. At such conference, an effort will be made to rE if this cannot be accomplished, to define and narrow the issues to be heard by the court, order. All children age five or older may also be present at the conference. Failure to a provide grounds for entry of a temporary or permanent order. the attached Complaint, Esq. , the conciliator, 2006 at 12:30 PM Ive the issues in dispute; or to enter into a temporary r at the conference may The court hereby directs the parties to furnish any and all existing Protectio from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to sched led hearing. FOR. THE COURT, By: /s/ Custody Conciliator Wssa P. Greev 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 reason ble accommodations available to disabled individuals having business before the court, please contact ou office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Y u 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 TELEPHON 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 ?? ;d r a?,t: :Z Hj e- dIs 9001 W.S. v lQ-5 io JEREMY B. BURNS , : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : CIVIL ACTION - LAW :CUSTODY NICOLE A. KRAUSE, Defendant. :NO. 06-5161 PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Melissa L. Van Eck, Esquire on behalf of Nicole A. Krause, Defendant in the above referenced matter. Respectfully submitted Date: By: Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810-B. Allentown Blvd. Harrisburg, PA 17112 (717)540-5406 Attorney for Defendant r? ?' _. ? _ _+ _ ??: - `?_ _ . _.... ?,, ? , ?-, ?; --? ?r i JEREMY B. BURNS, Plaintiff vs. NICOLE A. KRAUSE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-5161 CIVIL ACTION - AT LAW CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Melissa L. Van Eck, Esquire, as attorney for Defendant, Nicole A. Krause, in the above captioned matter. Dated: r A/? /ai Melissa L. Van Eck, Esquire " PA Supreme Court I.D. No. 85869 7810-B Allentown Blvd. Harrisburg, PA 17112 Telephone: (717) 540-5406 Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for Defendant, Nicole A. Krause, in the above captioned matter. Dated: Id l Jeanne B. CEsquire ?- PA Supreme Court I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 f ? I OCT - 2006 F ,a ?- J'1- JEREMY B. BURNS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 06-5161 NICOLE A. KRAUSE, CIVIL ACTION - AT LAW Defendant CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jarad W. Handelman, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P.O. BOX 650 Hershey, PA 17033 BY: Jetnne B. Costopoulos, Esquire PA Supreme Court I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 DATED: C?(y r° co 5 JEREMY B. BURNS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-5161 CIVIL TERM V. CIVIL ACTION - LAW NICOLE A. KRAUSE, IN CUSTODY Defendant ORDER OF COURT No.it"rr AND NOW, this day of-9etebe+, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Jeremy B. Burns and Nicole A. Krause, shall have shared legal custody of the minor child, Kayley A. Krause, born August 27, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: Phase I a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective November 4, 2006, alternating Saturdays from 12:00 noon until 8:00 p.m. Phase II a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective December 2, 2006 and December 3, 2006, on alternating Saturdays and Sundays from 12:00 noon until 8:00 p.m. Phase III a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective December 30, 2006, from 12:00 noon on Saturday until 8:00 p.m. on Sunday. Phase IV a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective February 2, 2007, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. Transportation. Transportation shall be provided by the parent receiving custody providing transportation incident to the custodial exchange. 4. Drug and Alcohol. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use non-prescribed controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Interim Holiday Schedule. The following interim holiday schedule shall supercede the regular schedule: a) Christmas 2006. Mother shall have custody from 9:00 a.m. until 3:00 p.m. Christmas Day and Father shall have custody from 3:00 p.m. until 9:00 p.m. Christmas Day. b) Thanksgiving 2006. Father shall have custody from 9:00 a.m. until 3:00 p.m. Thanksgiving Day and Mother shall have custody from 3:00 p.m. until 9:00 p.m. Thanksgiving Day. c) Easter 2007. Parents will share custody for Easter 2007 with the parties to work cooperatively to arrange the specific details of how this will be accomplished. 6. It is anticipated that the parties may need to be flexible with the child's custodial scheduled based on the time requirements of Mother's classes at H.A.C.C. Accordingly, the parties may flex or adjust the schedule outlined above by their mutual agreement. 7. The Custody Conciliation Conference shall reconvene on Friday, January 19, 2007 at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. BY THE COURT: Dist: kx J. Smith, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ganne B. Costopoulos, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 1 n JEREMY B. BURNS, Plaintiff V. NICOLE A. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5161 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kayley A. Krause August 27, 2006 Mother 2. Father filed a Complaint for Shared Custody on September 5, 2006. A Custody Conciliation Conference was scheduled for October 20, 2006 with the following individuals in attendance: The Father, Jeremy B. Burns, and his counsel, Max J. Smith, Jr., Esquire; the Mother, Nicole A. Krause, and her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties re hed an agreement in /p? Date an Order as attached. Melissa Peel Greevy, Esquire Custody Conciliator :285511 DEC o 4 zoo JEREMY B. BURNS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-5161 CIVIL TERM V. CIVIL ACTION - LAW NICOLE A. KRAUSE, IN CUSTODY Defendant CORRECTED ORDER OF COURT AND NOW, this th day of December, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Jeremy B. Burns and Nicole A. Krause, shall have shared legal custody of the minor child, Kayley A. Krause, born August 27, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: Phase I a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective November 4, 2006, alternating Saturdays from 12:00 noon until 8:00 p.m. 8C :C Gad 3- 330 9001 a NO. 06-5161 CIVIL TERM Phase II a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective December 2, 2006 and December 3, 2006, on alternating Saturdays and Sundays from 12:00 noon until 8:00 p.m. Phase III a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective December 30, 2006, on alternating weekends, from 12:00 noon on Saturday until 8:00 p.m. on Sunday. Phase IV a) Effective October 24, 2006, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. b) Effective February 2, 2007, on alternating weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. Transportation. Transportation shall be provided by the parent receiving custody providing transportation incident to the custodial exchange. 4. Drug and Alcohol. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use non-prescribed controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Interim Holiday Schedule. The following interim holiday schedule shall supersede the regular schedule: a) Christmas 2006. Mother shall have custody from 9:00 a.m. until 3:00 p.m. Christmas Day and Father shall have custody from 3:00 p.m. until 9:00 p.m. Christmas Day. b) Thanksgiving 2006. Father shall have custody from 9:00 a.m. until 3:00 p.m. Thanksgiving Day and Mother shall have custody from 3:00 p.m. until 9:00 p.m. Thanksgiving Day. NO. 06-5161 CIVIL TERM c) Easter 2007. Parents will share custody for Easter 2007 with the parties to work cooperatively to arrange the specific details of how this will be accomplished. 6. It is anticipated that the parties may need to be flexible with the child's custodial scheduled based on the time requirements of Mother's classes at H.A.C.C. Accordingly, the parties may flex or adjust the schedule outlined above by their mutual agreement. 7. The Custody Conciliation Conference shall reconvene on Friday, January 19, 2007 at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. BY THE COURT: Dist: Max J. Smith, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 C / _ Jeann6 B. Costopoulos, Esquire, 210 Grandview Avenue, Suite 102, Cam, Hill, PA 17011 JEREMY B. BURNS, Plaintiff V. NICOLE A. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5161 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kayley A. Krause August 27, 2006 Mother 2. Subsequent to the Custody Conciliation Conference of October 20, 2006, Mother's counsel, Jeanne B. Costopoulos, Esquire, notified the Conciliator of two (2) inadvertent exclusions in the Order. A telephone conference with counsel for both parties was held on November 29, 2006. 3. The corrected Order in the form as attached was proved by counsel for both parties. Date Melissa Peel Greevy, Esquire Custody Conciliator :287706 FBI 6 2007,/p JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-5161 CIVIL ACTION LAW NICOLE A. KRAUSE Defendant IN CUSTODY ORDER OF COURT AND NOW, this S? day of , 2007, upon consideration of the attached Custody Conciliation Report, it is orde led and directed as follows: 1. The prior Order of this Court dated December 6, 2006, shall continue in effect as modified by this Order. 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. 3. For a period of two months following the custody conciliation conference, the Father shall continue to have partial physical custody on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. Beginning Thursday, April 12, 2007, the Father shall have custody of the Child on alternating weekends from Thursday at 4:00 p.m. through Sunday at 4:00 p.m. and, during weeks following the Father's weekend periods of custody, on Tuesdays and Thursdays from 4:00 p.m. until 8:00 p.m. The parties shall follow the expanded partial custody schedule for an additional two month period pending the follow-up conciliation conference scheduled in this Order. 4. In the event the Father has to work on a Friday during his period of custody, the Father shall first contact the Mother to offer her to opportunity to provide care for the Child during his period of unavailability before contacting third party caregivers. 5. Unless otherwise agreed between the parties, the parties shall exchange custody of the Child at the Giant store in Enola. Absent extraordinary circumstances, exchanges shall be conducted between the parties only, without the presence of third parties. In the event of an emergency or other exigent circumstances, the parent who is unavailable to conduct the exchange of custody shall notify the other parent in advance as to the responsible adult who will be present for the exchange on his or her behalf. 6. All exchanges of custody shall be conducted in a cooperative and civil manner to promote the emotional well being of the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, June 5, 2007 at 10:30 a.m. for the purpose of reviewing the custodial arrangements in light of the co-parenting counseling and experience with the expanded partial custody schedule. 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 the absence of mutual consent, the terms of this Order shall control. BY THE COURT, I?k -11" ?AA M. L. Ebert, Jr. J. c f? y cctan J. Smith, Esquire - Counsel for Father n n e- C" f ?0- 9C :11 HIV I Z 933 LOOT AtfvJO L-1.0: ,'d 3Hi ?0 JEREMY B. BURNS Plaintiff vs. NICOLE A. KRAUSE Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayley A. Krause August 27, 2006 Mother 2. A custody conciliation conference was held on February 9, 2007, with the following individuals in attendance: the Father, Jeremy B. Burns, with his counsel, Max J. Smith, Jr., Esquire, and the Mother, Nicole A. Krause, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agree to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JUN 1120D7M? JEREMY B. BURNS Plaintiff VS. NICOLE A. KRAUSE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I0 day of _Syv%, , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated December 6, 2006 and February 21, 2007 shall continue in effect as modified by this Order. 2. The parties shall initiate the course of co-parenting counseling required by the prior Order of this Court dated February 21, 2007. The parties shall select the counselor and contact the counselor's office on or before Friday, June 15, 2007 to schedule their initial appointments. 3. Beginning on Tuesday, June 14, 2007 and continuing through the follow-up custody conciliation conference scheduled in this Order, the Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Monday at 8:00 a.m. beginning June 22, 2007. B. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Thursday at 5:00 p.m. through Friday at 8:00 a.m. C. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Tuesdays from 5:00 p.m. until 9:00 p.m. on June 19 and July 3, 2007 and from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. on the remaining alternating Tuesdays until the follow-up conciliation conference. D. In the event the Father fails to exercise his right to a weekday evening/ovemight period of custody in the absence of exigent circumstances justifying his unavailability, the Father's periods of weekday evening/overnight custody shall be suspended pending the follow-up conciliation conference. 4. The Mother shall have a vacation period of custody with the Child from July 14 through July 21 and the Father shall have a vacation period of custody with the Child for one week in August upon providing at least thirty days advance notice to the Mother. 5 5. The Father shall have custody of the Child on Father's Day from 12:00 noon until 7:00 p.m. 6. The parties shall extend to each other the courtesy of remaining at the place of exchange for at least 20 minutes after the designated time of exchange in the event a party is late. Nothing in this provision shall be interpreted to condone repeated or habitual lateness for exchanges of custody. 7. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, September 12, 2007 at 9:00 a.m. BY THE COURT, ?\? -\' M. L. Ebert, Jr. J cc: ,max J. Smith, Esquire - Counsel for Father .Aeanne B. Costopoulos, Esquire - Counsel for Mother '? ;(1-117 JEREMY B. BURNS Plaintiff VS. NICOLE A. KRAUSE Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayley A. Krause August 27, 2006 Mother 2. A custody conciliation conference was held on June 5, 2007 with the following individuals in attendance: the Father, Jeremy B. Bums, with his counsel, Max J. Smith, Esquire, and the Mother, Nicole A. Krause, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to entry of an Order in the form as attached. _f a_?t l Cc ,car, -7 Date Dawn S. Sunday, Esquire Custody Conciliator J JEREMY B. BURNS Plaintiff vs. NICOLE A. KRAUSE Defendant "Wol1200I Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I I SY day of S eo `!m M\ t1r , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1.. The prior Orders of this Court dated December 6, 2006, February 21, 2007, and June 18, 2007 are vacated and replaced with this Order. 2. The Father, Jeremy B. Burns, and the Mother, Nicole A. Krause, shall have shared legal custody of Kayley A. Krause, born August 27, 2006. 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. The parties shall schedule a joint appointment with a child psychologist specializing in child development in order to obtain information and guidance on separation anxiety and other developmental issues concerning the Child which are relevant to the custodial arrangements. The parties shall cooperate in making any adjustments to the custody schedule necessary to implement the child psychologist's guidance. . 4. The parties shall continue their participation in a course of co-parenting counseling and shall make arrangements to schedule the ongoing sessions as recommended by the co-parenting counselor. 5. The Mother shall have primary physical custody of the Child. 6. The Father shall have partial physical custody on alternating weekends from Friday at 5:00 p.m. through Monday at 8:00 a.m. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Thursday at 5:00 p.m. through Friday at 8:00 a.m. and during weeks following the Mother's weekend periods of custody, the Father shall have custody from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In odd numbered years, the Father shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Mother shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. B. Thanksgiving: In odd numbered years, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. C. Easter: In odd numbered years, the Father shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day with the times to be arranged by agreement between the parties. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. Each parent shall be entitled to have custody of the Child each summer for up to one week for vacation upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed, the parties shall schedule vacation periods under this provision to include that parent's regular weekend period of custody. 9. Unless otherwise agreed between the parties, the parties shall exchange custody of the Child at the Giant store in Enola. Absent extraordinary circumstances, exchanges shall be conducted between the parties only, without the presence of third parties. In the event of an emergency or other exigent circumstances, the parent who is unavailable to conduct the exchange of custody shall notify the other parent in advance as to the responsible adult who will be present for the exchange on his or her behalf. 10. All exchanges of custody shall be conducted in a cooperative and civil manner to promote the emotional wellbeing of the Child. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. For a period of 12 hours before and continuing throughout any period of custody with the Child, the parties shall consume no alcoholic beverages nor possess or use non-prescribed controlled substances whatsoever. The parties shall ensure, to the extent possible, that third parties having contact with the Child comply with this provision. 13. The parties acknowledge that it is their intention to maintain flexibility and cooperation in making changes to the schedule to accommodate each parent's employment obligations, family events and other unanticipated developments. In the event the custodial parent is unavailable to provide care for the Child due to employment or other obligations, that parent shall contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, I*.I..A, M. L. Ebert, Jr. J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Jeremy B. Burns, Father 00?tu MWU 9/2-t/?7 p VINVXIh5NN3d £ £ *£ Wd I Z d3S LOOZ AdVIONOHiOdd 3RL J0 JEREMY B. BURNS Plaintiff VS. NICOLE A. KRAUSE Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayley A. Krause August 27, 2006 Mother 2. A custody conciliation conference was held on September 12, 2007, with the following individuals in attendance: the Mother, Nicole A. Krause, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Jeremy B. Burns, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ?7 _ Date Dawn S. Sunday, Esquire Custody Conciliator JEREMY B. BURNS, Plaintiff V. NICOLE A. KRAUSE, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 06-5161 CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Jeanne B. Costopoulos, Esquire, as attorney for Defendant, Nicole M. Krause, in the above captioned matter. Date: d BY: anne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pa. Supreme Court ID No. 68735 Telephone: (717) 221-0900 Kindly enter the appearance of Nicole M. Krause, pro se, for Defendant Nicole M. Krause, in the above captioned matter. Date: 0 BY: Nicole Krause, pro se 5835 Westbury Drive Enola, PA 17025-3312 Telephone: (717) 732-5652 f'S ?+ g- n r- co ?? • Cr' rn tee.; ? 5m -c r CSC! At. JEREMY B. BURNS, Plaintiff VS. NICOLE M. KRAUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5161 IN CUSTODY DEFENDANT'S PETITION TO MODIFY AND NOW comes the above-named Defendant by her attorney, Samuel L. Andes, and petitions the court to modify its last order in this matter, based upon the following: 1. Petitioner herein is the Defendant. The Respondent herein is the Plaintiff, Jeremy B. Burns, whose current address is 4067 Caissons Court in Enola, Pennsylvania 17025. 2. The parties are the parents of one minor child, Kayley A. Krause, born 27 August 2006 and now age 1. That child is the subject of these proceedings and the subject of this court's most recent order, dated 21 September 2007, a copy of which is attached hereto and marked as Exhibit A. 3. Since the entry of that order, several matters have arisen which mandate a modification of the order. Those matters include: A. The Plaintiff's work schedule has changed and, as a result, he has not kept the child Sunday nights on his weekends but has, instead, returned the child at various times. B. Because of the change in his work schedule, the Plaintiff has not kept the child overnight on his periods of custody on alternating Tuesdays and Thursdays but has, instead, returned her on Tuesday and Thursday evenings, again at various times. C. The Plaintiff has unilaterally decided the times he should pick up the child and return the child, without consulting with Defendant or obtaining her agreement. Plaintiff has also failed to be punctual to meet Defendant for custodial changes even when the parties have agreed upon a time. D. Plaintiff has unilaterally discontinued his participation in the co- parenting counseling ordered by the court. As a result, the parties have not been able to discuss and resolve many of these problems with the assistance of that counselor. 4. As a result of the above matters, Defendant requests this court to modify its order as follows: A. Eliminate the Defendant's overnight periods of custody on Sundays and alternating Tuesdays and Thursdays and set a specific time for his return of the child to Defendant's custody. B. Require the Plaintiff to be punctual at all custodial exchanges and insert a provision in the order limiting his custodial time when he fails to be punctual. C. Ordering the Plaintiff to return to and continue with the co-parenting counseling or impose a sanction upon the Plaintiff if he fails or refuses to do so. WHEREFORE, Petitioner prays this court to modify the present order in this matter in accordance with this Petition. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Ln 106 q? Nicole A Krause EXHIBIT A JEREMY B. BURNS Plaintiff vs. NICOLE A. KRAUSE Defendant 9 S ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attach d Custody Conciliation Rep +, it is ordered and directed as follows: 1. The prior Order of this Court dated December 6, 2006, February 21, 2007, and June 18. 2007 are vacated and replaced with this Order. 2. The Father, Jeremy B. Burns, and the Mother, Nicole A. Krause, shall have shared legal custody of Kayley A. Krause, born August 27, 2006. 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. The parties shall schedule a joint appointment with a child psychologist specializing in child development in order to obtain information and guidance on separation anxiety and other developmental issues concerning the Child which are relevant to the custodial arrangements. The parties shall cooperate in making any adjustments to the custody schedule necessary to implement the child psychologist's guidance. 4. The parties shall continue their participation in a course of co-parenting counseling and shall make arrangements to schedule the ongoing sessions as recommended by the co-parenting counselor. 5. The Mother shall have primary physical custody of the Child. 6. The Father shall have partial physical custody on alternating weekends from Friday at 5:00 p.m. through Monday at 8:00 a.m. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Thursday at 5:00 p.m. through Friday at 8:00 a.m. and during weeks following the Mother's weekend periods of custody, the Father shall have custody from Tuesday at 5:00 p.m. through Wednesday at 8:00 a.m. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In odd numbered years, the Father shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Mother shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. B. Thanksgiving: In odd numbered years, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. C. Easter: In odd numbered years, the Father shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. D. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day with the times to be arranged by agreement between the parties. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. Each parent shall be entitled to have custody of the Child each summer for up to one week for vacation upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed, the parties shall schedule vacation periods under this provision to include that parent's regular weekend period of custody. 9. Unless otherwise agreed between the parties, the parties shall exchange custody of the Child at the Giant store in Enola. Absent extraordinary circumstances, exchanges shall be conducted between the parties only, without the presence of third parties. In the event of an emergency or other exigent circumstances, the parent who is unavailable to conduct the exchange of custody shall notify the other parent in advance as to the responsible adult who will be present for the exchange on his or her behalf. 10. All exchanges of custody shall be conducted in a cooperative and civil manner to promote the emotional wellbeing of the Child. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. For a period of 12 hours before and continuing throughout any period of custody with the Child, the parties shall consume no alcoholic beverages nor possess or use non-prescribed controlled substances whatsoever. The parties shall ensure, to the extent possible, that third parties having contact with the Child comply with this provision. 13. The parties acknowledge that it is their intention to maintain flexibility and cooperation in making changes to the schedule to accommodate each parent's employment obligations, family events and other unanticipated developments. In the event the custodial parent is unavailable to provide care for the Child due to employment or other obligations, that parent shall contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, L. E rt, Jr. J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Jeremy B. Burns, Father TRUE COPY FROM RECORU n Testimony whereof. i here unto set my hand A the seed of said at (g4d1 le, Pa. ?hl& ntdav Orothonota. JEREMY B. BURNS Plaintiff vs. NICOLE A. KRAUSE Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5161 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 Kayley A. Krause DATE OF BIRTH August 27, 2006 CURRENTLY IN CUSTODY OF Mother 2. A custody conciliation conference was held on September 12, 2007, with the following individuals in attendance: the Mother, Nicole A. Krause, with her counsel, Jeanne B. Costopoulos. Esquire, and the Father, Jeremy B. Burns, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire , Custody Conciliator {? W x ? • rn ?i JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE M. KRAUSE DEFENDANT 2006-5161 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 30, 2008 , 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, July 31, 2008 at 1:00 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. 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 17 tr.. ,?Q- ?)? 7 }Q- (7r' 1 511 cAr 17 AUG 18 200867 JEREMY B. BURNS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NICOLE M. KRAUSE Defendant 2006-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I ltt day of A- V ho 5y , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 21, 2007, shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:30 p.m. through Sunday at 8:30 p.m. In addition, the Father shall have custody of the Child beginning August 19, 2008, every Tuesday from 5:30 p.m. until 9:00 p.m. The Father shall provide the Mother with as much notice as possible of any necessary changes to the times for exchanges due to his employment, but at least five (5) hours advance notice except in exigent circumstances. 2. In the event the custodial parent is unavailable to provide care for the Child during his or her periods of custody other than for brief periods, that parent shall first contact the other parent to offer the opportunity to provide care for the Child before making arrangements with third party caregivers. The purpose of this provision is to maximize each parent's time with the Child and to ensure that the Child receives as much parental care as possible. 4. The parties shall resume participation in co-parenting counseling with Mary Jo Devlin or other professional selected by agreement. The parties agree that the Mother will contact the counselor as soon as possible following the custody conciliation conference to schedule an evening appointment for the parties. All costs of the co-parenting counseling which are not covered by insurance shall be shared equally between the parties. The parties shall address all issues regarding communication, cooperation and sharing of information pertaining to the Child through the counseling process. 5 C0 .C Pd 61 OAV 0001 ':"Hi dO 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr. J. cc: Jeremy B. Burns - Father L. Andes, Esquire - Counsel for Mother 1 ? O?Y/ JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NICOLE M. KRAUSE Defendant Prior Judge: M. L. Ebert, Jr. 2006-5161 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayley A. Krause August 27, 2006 Mother 2. A custody conciliation conference was held on August 14, 2008, with the following individuals in attendance: the Mother, Nicole M. Krause, with her counsel, Samuel L. Andes, Esquire, and the Father, Jeremy B. Burns, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. lq-u o4- ) L/. .2 cXX Date Dawn S. Sunday, Esquire Custody Conciliator 10, , JEREMY B. BURNS PLAINTIFF V. NICOLE M. KRAUSE DEFFNDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 18, 2010 , 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 16, 2010__ at 12:00 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. 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 ?S• ?? ' ?? ?? U ??? 32 South Bedford Street 0 O 4:;C, Pf Vr? ? ?.Q•X Carlisle, Pennsylvania 17013 .0 Telephone (717) 249-3166 :1) ?5'• I •l O /vofi cs? t1nG?; ` fia _1Q-?-. C ?5-• J9. (0 C.090 +d I--? , 0 ra IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION JEREMY B. BURNS, : NO. 2006-5161 Plaintiff VS. ; CIVIL ACTION - LAW NICOLE M. KRAUSE, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Jane M. Alexander, Esquire, hereby certify that on this date, I served a true and j, correct copy of Plaintiff's Petition to Modify Custody Order to Defendant by personal delivery to addressed as follows: I Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pa 17043 Respectfully submitted. A rney for Plaintiff S reme ID 1107355 1 8 S. Baltimore Street ill sburg, PA 17019 (717) 432-4514 c ?J M ri (7 tZ t__: YC: N ;?7trl t cry t C? "n G Viz? ?? ` =Y rn , C17 T? JEREMY B. BURNS, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY. PA VS. : NO. 2006-5161 NICOLE M. KRAUSE, : CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE Samuel L. Andes, Esquire, Attorney for the Defendant, Nicole M. Krause, do hereby accept service of the true and correct clocked copy of Petition to Modify Custody Order and cover letter by mail at 525 North twelfth Street, P.O. Box 168, Lemoyne, PA 17043 on , 2010 at :3r7 P.M. Date: _ to .a el L. An es, Esquire Attorney for the Defendant, Nicole M. Krause SEF 2o2u'c~~, JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5161 CIVIL ACTION LAW NICOLE M. KRAUSE Y ~ ~,~ Defendant IN CUSTODY ~ ~ ' ~~`' ~. _, --s '~. ~~ tai- e .'; ,.~, e~ ~ ORDER OF COURT - ° _' ~'~ ~~C,,,jj ~ _.._.i AND NOW, this '~. 0th day of 5 G~~GVh~ C{ ~ ~ 201-4, ~~on consideration of the attached Custody Conciliation Report, it is ordered and directed as fb~I~owS' - . 1. The prior Orders of this Court dated September 21, 2007 and August 19, 2008 are vacated and replaced with this Order. 2. The Father, Jeremy B. Burns, and the Mother, Nicole M. Krause, shall have shared legal custody of Kayley A. Krause, born August 27, 2006. 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. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 7:00 p.m. through Sunday at 8:30 p.m. In addition, during alternating weeks beginning on September 21, 2010, the Father shall have custody on Tuesday from 9:00 a.m. until 8:00 p.m. and during the interim weeks, beginning September 30, 2010 on Thursday from 9:00 a.m. until 8:00 p.m. The Father shall transport the Child to and from preschool during his periods of custody. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In odd numbered years, the Father shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years the Mother shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. B. Thanks ig ving: In odd numbered years, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. C. Easter: In odd numbered years, the Father shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 300 p.m. unti19:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day with the times to be arranged by agreement between the parties. E. Memorial Day/Independence Day/Labor Day: In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on Independence Day. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on Independence Day. Times for exchanges of custody on the foregoing holidays shall be arranged by agreement between the parties. F. Halloween Trick or Treat Night: The Mother shall be entitled to have custody of the Child on Trick or Treat Night in Hampden Township each year beginning at 6:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at Sal's Pizza Restaurant on Route 114 in Mechanicsburg. No third parties shall be present during exchanges of custody unless otherwise agreed in advance. All exchanges of custody shall be conducted in a cooperative and civil manner to promote the emotional well-being of the Child. 6. The parties shall make arrangements to engage in co-parenting counseling/coaching for the purpose of obtaining assistance in managing and making adjustments to the custody schedule on an ongoing basis. 7. The parties shall be diligent in sharing information pertaining to the Child's care, education, activities and general development. The parties acknowledge that the sharing of information is essential to an effective ongoing co-parenting relationship for the benefit of the Child. 8. For a period of 12 hours before and continuing throughout any period of custody with the Child, the parties shall consume no alcoholic beverages nor possess or use nonprescribed controlled substances whatsoever. The parties shall ensure, to the extent possible that third parties having contact with the Child comply with this provision. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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, `~ `~ M. L. Ebert, Jr. cc: ,lane M. Alexander, Esquire -Counsel for Father Samuel L. Andes, Esquire -Counsel for Mother l:o~ ~ £ s rn,a ~ ~, 4~~~~~~ .~-,-~-1 JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NICOLE M. KRAUSE Defendant 2006-5161 CIVIL ACTION LAW IN CUSTODY Prior Judge: M. L. Ebert, 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 Kayley A. Krause August 27, 2006 CURRENTLY IN CUSTODY OF Mother 2. A custody conciliation conference was held on September 16, 2010, with the following individuals in attendance: the Father, Jeremy B. Burns, with his counsel, Jane M. Alexander, Esquire, and the Mother, Nicole M. Krause, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. The parties agreed that after establishing consistency and trust with regard to the current schedule, they would cooperate in reviewing the custodial schedule to address the Father's request for additional time and also to make necessary adjustments for the Child's entry into school in the next school year and for summer arrangements. ,,~ h%.-w~,,~ ~G ~7 ~ /~ ~~ Date Dawn S. Sunday, Esquire Custody Conciliator JEREMY B. BURNS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • c7 vs. No. 2006 - 5161 Civil Term ma) at m -< -o -; NICOLE M. KRAUSE, : ACTION IN CUSTODY _(> ' t. Defendant : CIVIL ACTION - LAW <Q 20, c) yc -- PETITION TO MODIFY CUSTODY -� 1. Plaintiff is Jeremy B. Burns, (hereinafter "Father"), whose address is 1434 White Ford Road, York, York County, Pennsylvania, 170402. 2. Defendant is Nicole M. Krause, (hereinafter "Mother"), whose address is 5835 Westbury Drive, Enola, Cumberland County, Pennsylvania, 17025. 3. Mother and Father are the natural parents of Kayley A. Krause, born August 27, 2006. 4. On September 20, 2010, a custody Order was entered regarding the children. 5. The custody Order provided that Mother would have primary physical custody of the child and that Father would have periods of partial physical custody on alternating weekends. 6. The prior Order provided that all custody exchanges would take place at Sal's pizza on Route 114 in Mechanicsburg. Since the entry of the prior Order, Father moved to a different residence. 7. Father requested that Mother agree to a new exchange point and she refused. f3• D d fat C54 '1 8. Father is requesting modification of the prior custody Order, in particular, provisions that would provide for: (a) An updated location for the custody exchanges, so that the parties would more equally share transportation time and costs, and that the receiving party provide transportation, which would avoid waiting, delay and future problems. (b)Significant additional time with the child during the summer months, to provide for longer and increased periods of physical custody, due to the child's age, and maturity level. (c)Any other changes deemed appropriate, given the current circumstances and factors under the law. 9. The relief requested is in the best interest of the child because it promotes frequent and ongoing contact with both parents. 10. Father is requesting that the custody Order be modified as described herein. WHEREFORE, Father requests this Honorable Court modify the custody Order in the above-captioned matter. Signed, Date: \ .. c) . \.\k Jere B s 1434 White Ford Road York, Pa. 17402 (717) 668-7006 JEREMY B. BURNS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 2 Plaintiff : -n= �- W oD rr '1 -•c -1-1t_. vs. : No. 2006 - 5161 Civil Term cn i rJ „gyr p — © , NICOLE M. KRAUSE, ACTION IN CUSTODY ,-: Defendant CIVIL ACTION - LAW c- - 2 CRIMINAL RECORD /ABUSE HISTORY VERIFICATION I, JEREMY B. BURNS, 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 plead 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: Check Crime Self Other Date of Sentence All that household conviction, apply member guilty plea,no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) _ 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) 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) 18 Pa.C.S. §3122.1 (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 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) _ 18 Pa.C.S. §3127 (relating to indecent exposure) 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 (relating to arson and relating 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. §5902(b) _ (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 — (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minors) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the 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 Self Other Date all that household apply members A finding of abuse by Children& Youth _ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: 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 other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I: Printed Nam Date: us 01\,\ JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. NICOLE M. KRAUSE DEFENDANT . CUMBERLAND COUNTY, PENNSYLVANIA 2006-5161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 05, 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 Wednesday, June 04, 2014 10:00 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. 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: /8/ Dawn S. Sunday, Esq. IV 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. "estt11 ., J rra al I�LLAJ S .y )t cv I(etactsc,- / 4k/1. SIA,Lxikir Skspy Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5161 CIVIL ACTION LAV r=' rn a) c._. Fri -.- NICOLE M. KRAUSE:: Defendant IN CUSTODY u)r' t c ' t �-j -V C Y f ORDER OF COURT E (-) -_ ah— --. AND NOW, this to day of IN <- , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 20, 2010 is vacated and replaced with this Order. 2. The Father, Jeremy B. Burns, and the Mother, Nicole M. Krause, shall have shared legal custody of Kayley A. Krause, born in 2006. 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. The Father shall have partial physical custody of the Child during the school year on alternating weekends from Saturday at 9:00 a.m. through Sunday at 7:00 p.m., unless there is no school on Monday, in which case the return time on Sunday shall be 8:30 p.m. During the summer school break each year, the Father shall have partial custody of the Child on alternating weekends from Friday at 9:30 a.m. through Sunday at 8:30 p.m. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In odd numbered years, the Father shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years the Mother shall have custody of the Child on Christmas Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. B. Thanksgiving: In odd numbered years, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. C. Easter: In odd numbered years, the Father shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In even numbered years, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 300 p.m. until 9:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day with the times to be arranged by agreement between the parties. E. Memorial Day/Independence Day/Labor Day: In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on Independence Day. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on Independence Day. Times for exchanges of custody on the foregoing holidays shall be arranged by agreement between the parties. F. Halloween Trick or Treat Night: The Mother shall be entitled to have custody of the Child on Trick or Treat Night in Hampden Township each year beginning at 6:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 6. Each party shall be entitled to have up to two nonconsecutive weeks of vacation custody each year upon providing notice to the other parent by April 1. For 2014, the Father has provided notice of his vacation dates from August 9 through 15. The parent providing notice first by April 1 shall be entitled to preference on his or her selection of vacation dates. In the event either party intends to remove the Child from the local area for a vacation period of custody, that parent shall provide advance notice to the other parent of the general itinerary including the address and telephone number where the Child can be contacted. 7. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the McDonald's located at the Cedar Cliff Mall near Route 83. 8. The parties shall be diligent in sharing information pertaining to the Child's care, education, activities and general development. The parties acknowledge that the sharing of information is essential to an effective ongoing co -parenting relationship for the benefit of the Child. 9. For a period of 12 hours before and continuing throughout any period of custody with the Child, the parties shall consume no alcoholic beverages nor possess or use nonprescribed controlled substances whatsoever. The parties shall ensure, to the extent possible that third parties having contact with the Child comply with this provision. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. 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. 12. 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, cc:✓ J 'emy B. Burns — Father Samuel L. Andes Esquire — Counsel for Mother 144.fry JEREMY B. BURNS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5161 CIVIL ACTION LAW NICOLE M. KRAUSE Defendant IN CUSTODY Prior Judge: M. L. Ebert Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE :-OF CIVIL r.r PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: cs 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Kayley A. Krause BIRTH YEAR CURRENTLY IN CUSTODY OF 2006 Mother 2. A custody conciliation conference was held on June 4, 2014, with the following individuals in attendance: the Father, Jeremy B. Burns, who is not represented by counsel in this matter, and the Mother, Nicole M. Krause, with her counsel, Samuel L. Andes Esquire. Date 3. The parties agreed to entry of an Order in the form as attached. Dawn S. Sunday, Esquire Custody Conciliator