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HomeMy WebLinkAbout06-7135Amy R. Koch, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- 713 CIVIL TERM Robert A. Koch, : CIVIL ACTION - CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Amy R. Koch, an adult individual whose residence is at 513 Hogestown Road, Mechanicsburg, PA 17050. 2. Defendant is Robert A. Koch, an adult individual whose residence is at 851 Scenery Place, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff seeks custody of her child Kayla E. Koch, date of birth August 12, 2000. 4. The child is presently in the joint custody of plaintiff and defendant. 5. The child has lived at the following address: Name Address Dates Kayla E. Koch 851 Scenery Place August 12, 2000 - Harrisburg, PA 17109 December 12, 2006 513 Hogestown Road December 12, 2006- Mechanicsburg, PA 17050 Present 6. The relationship of the plaintiff to the child is that of natural mother. 7. The relationship of the defendant to the child is that of natural father. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 10. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 12. 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. WHEREFORE, plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the plaintiffs requests for shared legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant. Respectfully Submitted TURO LAW OFFICES /-' /?t'//"G - 11 ej?) Date alen R. Waltz, Es e 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plainitff/Mother VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ?3 Zd/, DA my R. Ko CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Custody Complaint, by first class, postage pre-paid, certified return receipt requested and depositing same in the United States Mail, first class, postage pre-paid on the /? day of Doee-cf, fir-- , 2006, from Carlisle, Pennsylvania, addressed as follows: Robert A, Koch, Jr 851 Scenery Place Harrisburg, PA 17109 TURO LAW OFFICES Galen R. Waltz, Esq 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 h? c 71T cil . cr) Uj AMY R. KOCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT A. KOCH, JR DEFENDANT 06-7135 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 20, 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 Wednesday, January 17, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or 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 4;^?-Pv -P " ?Ow'jw ,je 1 a, DOC S\F L\C U ST\KOCH C U STODYP RE L IMO BJECTTOJ URI S STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEYS FOR DEFENDANT ROBERT A. KOCH, JR. AMY R. KOCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT A. KOCH, JR., Defendant :NO:06-7135 : CIVIL ACTION - IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT IN CUSTODY AND NOW, THIS day of January, 2007, here comes the Defendant, Petitioner herein and files the following Preliminary Objection to Plaintiff's Complaint in Custody as follows: PRELIMINARY OBJECTION IN THE NATURE OF LACK OF PERSONAL JURISDICTION OF THE SUBJECT 1. Your petitioner is ROBERT A. KOCH, JR., an adult individual, residing at 851 Scenery Place, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Plaintiff/Respondent thereto is AMY R. KOCH, an adult individual, residing at 513 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, having just moved out of the marital home on or about December 12, 2006, and moving into her boyfriend's home and, more importantly, removing the minor child out of Dauphin County. 3. The Plaintiff filed a Complaint for Custody in Cumberland County on December 15, 2006, and according to the Certificate of Service sent a copy to the Petitioner herein on that same date, seeking custody of the minor child, Kayla E. Koch, date of birth August 12, 2000. 4. Pursuant to a phone call between counsel on December 14, counsel for the Plaintiff advised undersigned counsel that he would file the complaint in Cumberland County and that status quo would remain with the parties. 5. Counsel did not receive notice of a custody conciliation to be held in Cumberland County before Dawn Sunday, Esquire, currently scheduled for January 17, 2007, or receive a copy of the custody complaint until after the Support Conference in Dauphin County on January 8, 2007, despite opposing counsel having spoken to her on December 14, 2006. 6. Undersigned counsel received a copy of the notice of the conciliation hearing from her client during a meeting on January 3, 2007. 7. The minor child attended Kindergarten at South Side Elementary in the Central Dauphin School District until Christmas break, 2006. 8. It was the parties' understanding that the Plaintiff would not remove the child from Dauphin County despite her temporary move because of the obvious disruption to the minor child and the Plaintiff had planned to return to the marital home after securing financing to buy out the Petitioner. 9. Despite assurances from counsel, the Petitioner learned on January 5, 2007, from his six year old child that she had been enrolled into the Cumberland Valley School District and now attends Kindergarten at a new school. 10. The subject minor child has lived her entire life in Dauphin County and it is averred that Dauphin County is the proper jurisdiction. 11. The Petitioner believes that the custody conciliation would be more properly heard in Dauphin County since the child has resided there for the last five (5) years, and was removed improperly without the Petitioner's consent or knowledge. WHEREFORE, your Petitioner respectively requests that this Court release jurisdiction of the above captioned case, and permit Petitioner to file the above case in Dauphin County. Respectively submitted, Stone LaFaver & ElizaS B. St-Anne Sup me Cou Id. #6 rt 4,Y4 Bridge Street New Cumberlan 17070 (717)774-7435 ne (717)774-386 x Attorneys for Defendant/Petitioner Dated ? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this day or:li ?' 2007, by First Class Mail, postage prepaid, upon: Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 STONE LAFAVER &?H T BY: r., Eliza ` B. one, ui Sup ' me urt # 02 ,96 4 Bri a reet New erla , P 17070 Pho 717-77 -74 5 F 717-77 38 CC) DOCS\FL\CUST XOCHCUSTODYmotionforchangeofvenue STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEYS FOR DEFENDANT ROBERT A. KOCH, JR. AMY R. KOCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT A. KOCH, JR., Defendant :NO:06-7135 CIVIL ACTION - IN CUSTODY DEFENDANT'S MOTION FOR CHANGE OF VENUE TO PLAINTIFF'S COMPLAINT IN CUSTODY AND NOW, THIS -S 1 9- day of January, 2007, comes the Defendant and files the following Motion for Change of Venue to Plaintiff's Complaint in Custody as follows: 1. Your Movant, ROBERT A. KOCH, JR., (hereinafter referred to as "Father") is an adult individual, residing at 851 Scenery Place, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Respondent, AMY R. KOCH, (hereinafter referred to as "Mother"), is an adult individual, residing at 513 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, having just moved out of the marital home on or about December 12, 2006, and moving into her boyfriend's home and, more importantly, removing the minor child out of Dauphin County. 3. The Mother filed a Complaint for Custody in Cumberland County on December 15, 2006, and according to the Certificate of Service sent a copy to the Petitioner herein on that same date, seeking custody of the minor child, Kayla E. Koch, date of birth August 12, 2000. 4. Pursuant to a phone call between counsel on December 14, 2006, counsel for the Mother advised undersigned counsel that he would file the complaint in Cumberland County and that status quo would remain with the parties. 5. Counsel did not receive notice of a custody conciliation to be held in Cumberland County before Dawn Sunday, Esquire, currently scheduled for January 17, 2007, or receive a copy of the custody complaint until after the Support Conference in Dauphin County on January 8, 2007, despite opposing counsel having spoken to her on December 14, 2006. 6. Father filed Preliminary Objections to Plaintiff's Complaint in Custody in nature lack of Jurisdiction before this Court on January 12, 2007. 7. The above scheduled conciliation has been put on hold pending the outcome of Father's Preliminary Objections. 8. The minor child attended Kindergarten at South Side Elementary in the Central Dauphin School District until Christmas break, 2006. 9. It was the parties' understanding that the Mother would not remove the child from Dauphin County despite her temporary move because of the obvious disruption to the minor child and the Mother had planned to return to the marital home after securing financing to buy out the Father. 10. Despite assurances from counsel, the Father learned on January 5, 2007, from his six year old child that she had been enrolled into the Cumberland Valley School District and now attends Kindergarten at a new school. 11. The subject minor child has lived her entire life in Dauphin County and it is averred that Dauphin County is the proper jurisdiction. 12. The Father believes that the custody conciliation would be more properly heard in Dauphin County since the child has resided there for the last five (5) years, and was removed improperly without the Father's consent or knowledge. WHEREFORE, your Movant respectively requests that this Court grant the Father's Motion for Change of Venue; order that the jurisdiction over the above captioned case be released; and permit Movant to file the above case in Dauphin County. Respectively submitted, Stone LaFave -A Shekletski Supremer"ourt I 60251 414 Bridge St New Cumb nd, PA 17070 (717)774- 435 phone (717)7 -3869 fax Att vs for the Defendant/Petitioner Dated-'t L :?)10--)' VERIFICATION Robert A. Koch, Jr., state that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ROBERT A. KOCH, JR. Date: / 13 /,0;;, I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this day of February , 2007, by First Class Mail, postage prepaid, upon: Waltz, Esquire Carlisle, PA 17013 C- c:s C?7 t 1 0 -rt fTl AMY R. KOCH Plaintiff/Respondent V. ROBERT A. KOCH, JR. Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7135 CIVIL ACTION - IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION TO COMPLAINT IN CUSTODY AND NOW, this 7t'? day of February, 2007, comes the Plaintiff/Respondent, Amy R. Koch, by and through her counsel, Galen R. Waltz, Esquire, and files the following Answer to the Defendant's Preliminary Objections: 1. Admitted. 2. Admitted. 3. Admitted. Defendant was indeed served with the Complaint in Custody. The Complaint in Custody was filed December 15, 2006 and mailed to Defendant's address at 851 Scenery Place, Harrisburg, PA 17109. The complaint was never returned to the office as undeliverable. Furthermore, Plaintiff avers that on December 20 or 21, 2006, she saw both the envelope with Turo Law Office's letterhead addressed to Defendant as well as the notice of certified return receipt mail at the marital home. 4. Admitted in part and denied in part. It was understood from discussion with Defendant's counsel that the parties were in agreement that, while the divorce complaint would be filed in Dauphin County, the Complaint in Custody would be filed in Cumberland County and that there would be no opposition thereto. During said conversation, Plaintiff's counsel informed opposing counsel that Plaintiff would file the Complaint in Custody in Cumberland County only if opposing counsel would not contest jurisdiction. To this opposing counsel agreed, yet changed position and filed preliminary objections after the filing of the complaint. It is denied that any representation was made that the status quo relative to custody would remain with the parties. 5. Neither admitted nor denied. Proof is demanded at a hearing on this matter. It is averred that Defendant and opposing counsel were aware that the conciliator was Dawn Sunday, Esquire. 6. Neither admitted nor denied. However, since Defendant had notice of the conciliation hearing, the onus was on Defendant to notify his counsel. 7. Admitted. 8. Admitted in part and denied in part. It is denied that it was the parties' understanding that the Plaintiff would not remove the child from Dauphin County. Plaintiff never made any agreement of the kind. It is admitted that, should Plaintiff obtain the financial wherewithal in the future, Plaintiff intends to return to the marital home. 9. Denied in part and neither admitted nor denied in part. It is denied that undersigned counsel made any assurances as to said child's school enrollment. Plaintiff has no knowledge as to when Defendant obtained information regarding said child's change in enrollment. 10. Admitted in part and denied in part. It is admitted that said minor child has lived in Dauphin County until December 2006. It is denied, however, that Dauphin County is the proper jurisdiction. It is averred that Cumberland County is the proper jurisdiction. Defendant was served with the Complaint in Custody in Cumberland County on December 15, 2006 and received the complaint on or about December 21, 2006. It was understood from discussion with Defendant's counsel that the parties were in agreement that, while the divorce complaint would be filed in Dauphin County, the Complaint in Custody would be filed in Cumberland County and that there would be no opposition thereto. During said conversation, undersigned counsel informed opposing counsel that Plaintiff would file the Complaint in Custody in Cumberland County only if opposing counsel would not contest jurisdiction. To this opposing counsel agreed, yet changed position and filed preliminary objections after the filing of the complaint. Moreover, Defendant filed preliminary objections on January 12, 2007, beyond the limit of 20 days, in violation of the Pennsylvania Rules of Civil Procedure, Rule 1026. Furthermore, Plaintiff never received a copy of said preliminary objections from Defendant's counsel. Plaintiff was first advised of the actual filing only upon receipt of the Defendant's Motion to Change Venue, with its certificate of service dated February 1, 2007. 11. Denied. It is averred that Cumberland County is the proper jurisdiction for the custody conciliation for the reasons stated above in paragraph 10. WHEREFORE, the Plaintiff requests this Court to deny Defendant's Preliminary Objections. 0 Dat Respectfully Submitted, TURO LAW OFFICES r. - It 14, . , i len R. Waltz, qu- 28 South Pitt Stree Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Respondent ?I CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Preliminary Objections upon Elizabeth B. Stone, Esquir;;day depositing same in the United States Mail, first class, postage pre-paid on the of February, 2007, from Carlisle, Pennsylvania, addressed as follows: Elizabeth B. Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 TURO LAW OFFICES alen R. Wal , Es 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Respondent f?7Tf1 1 •? J ? -71 J?? AMY R. KOCH Plaintiff/Respondent V. ROBERT A. KOCH, JR. Defend ant/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7135 CIVIL ACTION - IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR CHANGE OF VENUE AND NOW, this Z day of February, 2007, comes the Plaintiff/Respondent, Amy R. Koch, by and through her counsel Galen R. Waltz, Esquire, and files the following Answer to the Defendant's Motion for Change of Venue: 1. Admitted. 2. Admitted. 3. Admitted. Defendant was indeed served with the Complaint in Custody. The Complaint in Custody was filed December 15, 2006 and mailed to Defendant's address at 851 Scenery Place, Harrisburg, PA 17109. The complaint was never returned to the office as undeliverable. Furthermore, Plaintiff avers that on December 20 or 21, 2006, she saw both the envelope with Turo Law Office's letterhead addressed to Defendant as well as the notice of certified return receipt mail at the marital home. 4. Admitted in part and denied in part. It was understood from discussion with Defendant's counsel that the parties were in agreement that, while the divorce complaint would be filed in Dauphin County, the Complaint in Custody would be filed in Cumberland County and that there would be no opposition thereto. During said conversation, Plaintiff's counsel informed opposing counsel that Plaintiff would file the Complaint in Custody in Cumberland County only if opposing counsel would not contest jurisdiction. To this opposing counsel agreed, yet changed position and filed preliminary objections after the filing of the complaint. It is denied that any representation was made that the status quo relative to custody would remain with the parties. .0 1 5. Neither admitted nor denied. Proof is demanded at a hearing on this matter. It is averred that Defendant and opposing counsel were aware that the conciliator was Dawn Sunday, Esquire. 6. Admitted in part and denied in part. While Defendant filed preliminary objections on January 12, 2007, this occurred beyond the limit of 20 days, in violation of the Pennsylvania Rules of Civil Procedure, Rule 1026. Furthermore, Plaintiff never received a copy of said preliminary objections from Defendant's counsel. Plaintiff was first advised of the actual filing only upon receipt of the Defendant's present Motion to Change Venue, with its certificate of service dated February 1, 2007. 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. It is denied that it was the parties' understanding that the Plaintiff would not remove the child from Dauphin County. Plaintiff never made any agreement of the kind. It is admitted that, should Plaintiff obtain the financial wherewithal in the future, Plaintiff intends to return to the marital home. 10. Denied in part and neither admitted nor denied in part. It is denied that undersigned counsel made any assurances as to said child's school enrollment. Plaintiff has no knowledge as to when Defendant obtained information regarding said child's change in enrollment. 11. Admitted in part and denied in part. It is admitted that said minor child has lived in Dauphin County until December 2006. It is denied, however, that Dauphin County is the proper jurisdiction. It is averred that Cumberland County is the proper jurisdiction. Defendant was served with the Complaint in Custody in Cumberland County on December 15, 2006 and received the complaint on or about December 21, 2006. It was understood from discussion with Defendant's counsel that the parties were in agreement that, while the divorce complaint would be filed in Dauphin County, the Complaint in Custody would be filed in Cumberland County and that there would be no opposition thereto. During said conversation, undersigned counsel informed opposing counsel that Plaintiff would file the Complaint in Custody in Cumberland County only if opposing counsel would not contest jurisdiction. To this opposing counsel agreed, yet changed position and filed preliminary objections after the filing of the complaint. Moreover, Defendant filed preliminary objections on January 12, 2007, beyond the limit of 20 days, in violation of the Pennsylvania Rules of Civil Procedure, Rule 1026. Furthermore, Plaintiff never received a copy of said preliminary objections from Defendant's counsel. Plaintiff was first advised of the actual filing only upon receipt of the Defendant's Motion to Change Venue, with its certificate of service dated February 1, 2007. 12. Denied. It is averred that Cumberland County is the proper jurisdiction for the custody conciliation for the reasons stated above in paragraph 11. WHEREFORE, the Plaintiff requests this Court to deny Defendant's Motion for Change of Venue. Respectfully Submitted, TURO LAW OFFICES x/47/07 Date len R. Waltz, Esq 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Respondent CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Preliminary Objections upon Elizabeth B. Stone, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 71? day of February, 2007, from Carlisle, Pennsylvania, addressed as follows: Elizabeth B. Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 TURO LAW OFFICES ,glen R. Waltz, Es e 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff/Respondent c? -rl .. ? 7 L1 1 '` f fl\cust\KOCH,ROBERT-order STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 FEB 0 2 20QZ M ATTORNEYS FOR DEFENDANT ROBERT A. KOCH, JR. AMY R. KOCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO:06-7135 ROBERT A. KOCH, JR., : CIVIL ACTION - IN CUSTODY Defendant ORDER OF COURT AND NOW, this ° day of , 2007, upon rev' of Defendant's Motion FIA? for Change of Venue to Plaintiff's Complaint; - -- ted 1071 an 3 dant is BY J. .01 i VI NN'MUS, NN I-d 61=Z Wd E i 93J LOOZ AdViONGHIOW 3a J0 D?dcl--03lu AMY R. KOCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT A. KOCH, JR., NO. 2006 - 7135 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 22ND day of FEBRUARY, 2007, Defendant's Preliminary Objections and Motion for Transfer of Venue are DENIED. , y Wr t, E dward E. Guido, J. Elizabeth B. Stone, Esquire -7,.o7 Galen R. Waltz, Esquire sld 9Z 93A CDDZ MAR 30 2007 °"? AMY R. KOCH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-7135 CIVIL ACTION LAW ROBERT A. KOCH, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Rep &t, it is ordered and directed as follows: 1. The Father, Robert A. Koch, Jr., and the Mother, Amy R. Koch, shall have shared legal custody of Kayla E. Koch, born August 12, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. Pending the follow up conciliation conference scheduled in this Order 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 on alternating weekends from Friday at 7:00 p.m. through Sunday at a time to be arranged by agreement between the parties. The Father shall have weekend periods of custody beginning on March 23, 2007 and March 30, 2007 and thereafter on an alternating basis. The Father may have additional periods of custody with the Child during the weeks as arranged by agreement. The parties shall cooperate in considering arrangements which would enable the Father to obtain custody of the Child earlier during the week such as the possibility of the Mother's babysitter bringing the Child to the Mother's workplace for the exchange of custody or special arrangements for exchanges at the babysitter's residence. 3. The parties shall share having custody of the Child on holidays as follows: A. Easter: Each parent shall be entitled to have custody of the Child for a period of time on Easter Sunday with the specific times to be arranged by agreement. B. Mother's DayTather's Dav: The Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day either from 9:00 a.m. until 6:00 p.m. or for the entire weekend, as arranged by agreement. C. Memorial Day: In odd-numbered years, the Father shall have custody of the Child on Memorial Day from 9:00 a.m. until 6:00 p.m. and in even-numbered years the Mother shall have custody of the Child on Memorial Day. In the event the Father has a weekend custodial period immediately preceding the Memorial Day holiday, the periods of regular and holiday custody shall run continuously without interruption. 4. The parties shall contact the Child's counselor to obtain guidance on the issue of whether a possible change in the Child's school enrollment back to her prior school district would be beneficial or detrimental to the Child under the present circumstances. 5. In the event either party has to work on his or her weekend period of custody, that parent shall contact the other parent to offer the opportunity to provide care during the custodial parent's period of unavailability before contacting third party caregivers. 6. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with 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 June 11, 2007 at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 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. THE COURT, Edward E. Guido J. cc: Alen R. Waltz, Esquire - Counsel for Mother Xzabeth B. Stone, Esquire - Counsel for Father 4 ,7 Wd ? - ?IdV LODZ f viv . a 31A ?O A AMY R. KOCH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT A. KOCH, JR. Defendant Prior Judge: Edward E. Guido 06-7135 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 Kayla E. Koch August 12, 2000 Mother 2. A custody conciliation conference was held on March 22, 2007 with the following individuals in attendance: the Mother, Amy R. Koch, with her counsel, Galen R. Waltz, Esquire, and the Father, Robert A. Koch, Jr., with his counsel, Elizabeth B. Stone, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?YviUl? 7, as v Date Dawn S. Sunday, Esquire Custody Conciliator "AUG 2 7 1007,&) AMY R. KOCH vs. ROBERT A. KOCH, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 06-7135 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT. AND NOW, this 13th day of August, 2007, the Conciliator, being advised by Plaintiff and Defendant's Counsel that all custody issues have been or will be resolved by agreement between the Parties, hereby relinquishes jurisdiction. Dawn S. Sunday cn 3 Ll" ?..3 AMY R. KOCH PLAINTIFF V. ROBERT A. KOCH, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-7135 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Monday, February 07, 2011 , 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 _ Friday, March 04, 2011 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. Sunday, 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 infonnation 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 T HE OFFI SZ4 ? t FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. -? Cumberland County Bar Association co cye 32 South Bedford Street 0 4c? o?I7'/P ri 77 Carlisle, Pennsylvania 17013 ar7l / Telephone 717) 249-3166 = :? y c F a 1-7111 nor ?' r yW_ .?{ ' Coiue frd Cs?sy - .OaE! AMY R. KOCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA --a -C - --1 V. 2006-7135 CIVIL ACTION LAW ?rn r i ?- r M ROBERT A. KOCH, JR. - IN CUSTODY -o =C DEFENDANT £ y r:4, n r N {? ?T t ORDER OF COURT AND NOW, _ _ Monday, February 14, 2011 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 1705 on Monday, March 14, 2011 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. S Cumberland County Bar Association GAL ? ?a /Vc? /ka 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166