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HomeMy WebLinkAbout96-01115 " , , , ~. t--, ~~ ~ I . I I I I , , : I S' ''I ) ..) {"'> 'Q 4 ~ ~ .~ .- --.J , 1 v,.,..... ......" ........ '., ..... . --..) '::\' . 1 <, - ~~ "'::! ;5:> ....l t:=-: .. '" fIl~t;l 5~~~ c; ~~ 10-4 a H:r:: u -> u ,. ~tJ "" _ z 0 O::J Z o .... ~!u : o 0 ~ ~~ ~ ""0\0 Z ~o ~ ~ r.JZ U :..-=:-"'=:::=':::":": ~:;.~_-:.-'=--_._--- ::;:-~~~.~::;--''';::'-::;':::::=~.:.';;- -::: :.'':::;=::''-'''--'' '0 '0 g :S h I- ... ~ ~ ~ G; ~ :t. ~ 1. Z p~ g ~ u 0 . ~ ~ =" :.; ~ ~ u Z ... i u ~ .... ~ e )l{' I. ..~ ' Jl- 5QII ,. . __.. .... I liI!iI' .r,ii'"' . ..,~~ .1 ..... ..... ... ... " .... .. ..... """" '" ,.. o '" '" " '" "" " OJ '" OJ '" '/. -(, ;;: uJ " ~~ 2 ~ ~t,. f-, :.-'l :z ~ ~ w2 Ii' f;:. .00 ~ ~ l;(l ~ UJ . 7- .x 9 " ~~ 0 -(, i ~ ::J< w 7- Vl . > . ~ ,.. o '" f-< :<: ,.., j ~ o u :4 :>< B ~ .... :4 ..., is .... ~ :;:-":C':':~=-~--==:: .... ,~ . '" to.l ,.. o '"' ..... u c: ..... " .... ;:.. :.: ,.. -l '" UJ ,. . 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NO . 96- III 5 CIVIL TERM iKEITH J. BOHR, 'i Defendant I Ii , ! ORDER :1 AND NOW, this 11 ;/-""iday of /)/)/,/, 1996, upon ,consideration of the attached petit'IOil'tor Contempt, it is hereby 'directed that the parties and their respective counsel appear Ibefore Dawn S. Sunday, the conciliator, at 39 W. MaJn 1treet, ':Mechanicsburg, pennSYlVaniif on the ~',i', day of fir'" , :1996, at ll', 'f, o'clock .M. for a Pre-Hearing Custody jConferenc~. At such conference, an effort will be made to Iresolve the issues in dispute; or if this cannot be accomplished, .'to define and narrow the issues to be heard by the court, and to ,I enter into a temporary order. All chi ldren age five or older may !also he present at the conference. Failure to appear at the iconference may provide grounds for entry of a temporary or ':permanent order. I :1 FOR THE COURT, Ii ! I I :1 f [-." ,: 1 tor -t,~,)'l,r :1 ~ tiThe Court of Common Pleas of Cumberland County is required by law iito comply with the Americans with disabilities Act of 1990. For ijinformation about accessible facilities and reasonable ::accommodations available to disabled individuals having business ilbefore the court, please contact our off ice. All arrangements [,must be made at least 72 hours pr ior to any hear ing or business i,llbefore the court. '{ou must attend the scheduled conference or '... ' inearlng. 'I I 'I I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF ,{OU iDO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE IOFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ,I 'i CIVIL ACTION - CUSTODY OF MINOR CHILDREN OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH fLOOR CARLISLE, PA 1701) (717) 240-6200 '/ h I. y ,J, :/(" lh (/t ,.. / / ,. l ' "'-1' [.(.~r .:..~~,,;'h..f4"! " 7,>t.:r 1~":.....t.(.'.,1 /(;//'1 '11".4 J ?{ .I ?;' ,,~:,~ tftt/ "", ;~ ~.t ~c.{(* / l.,/t"L,C:~ } ,/'/'~' I #'<~V""''C'J ,... .~ '~ ..,1.4- _A tr KIMBERLY K. BOYER, Plaintiff IN THE COURT OF CCfoIMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 96-lll5 CIVIL TERM KEITH J. B01!ER, Defendant CIVIL ACTION - CUSTODY : OF MINOR CHILDREN AND 1Of, this upon consideration of the is ordered and directed as CIlIlI!R 0/1 lDlRT I ....t- day of Q#;:..i. attached Custody Conciliation Summary follows: , 1996 , Report, it l. The parties shall participate in a minimum of eight (8) counseling sessions to be conducted by a counselor selected by the parties and counsel. The purpose of the counseling shall be to assist the parties in developing and l1llIintaining ccmnunication skills necessary to cooperate effectively in the raising of their two minor Children. The parties shall schedule the initial counseling sessions to begin within thirty (30) days of the date of the Conciliation Conference. The parties shall share any unreilMJursed counseling costs. 2. The Mother, Kintlerly K. Boyer, and the Father, Keith J. Boyer, shall have shared legal custody of Melissa K. Boyer, born October 9, 1986, and Bryan K. Boyer, born June 24, 1989. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday evening at 4:30 p.m. until Sunday evening at 7:00 p.m. and every Wednesday from 4:30 p.m. until 8:00 p.m. The Mother's first period of Wednesday afternoon custody shall begin on March 20, 1996 and her first period of weekend custody shall begin on March 22, 1996. 5. The partius shall alternate custody of the Children on holidays as follows: A. The Mother shall have custody of the Children in even nwnbered years on the following holidays: Christmas Eve from 12:00 noon until 8:00 p.m., Easter Day and Independence Day from 7:00 p.m. the previous evening through 7:00 p.m. on the holiday. B. The Mother shall have custody of the Children in odd nwnbered years on the following holidays: New Years Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas from l2:oo noon on Christmas Eve until 12:00 noon on Christmas Day. C. The Mother shall have custody of the Children in every year on the following holidays: Thanksgiving from 7:00 p.m. the previous evening through 3:00 p.m. on Thanksgiving Day and on Mother's Day from 9:00 a.m. until 7:00 p.m. EXHIBIT A (PAGE I of 31 n. The Fnher shall have custody of the Children in even nl..llOOered years on the following holidays: New Years Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas from 8:00 p.m. on Christmas Eve until 8:00 p.m. on Christmas Day. e. The Father shall have custody of the Children in odd numbered years on the following holidays: Easter Day and independence Day from 7:00 p.m. the previous evening until 7:00 p.m. on the day of the holiday and on Christmas Day from 12:00 noon until 8:00 p.m. F. The Father shall have custody of the Children in every year on the following holidays: Thanksgiving Day begiMing at 3:00 p.m. and on Father's Day from 9:00 a.m. until 7:00 p.m. 6. curing the summer school vacation, the Mother shall have custody of the Children during periods when the Father is IoIOrking rather than the Father providing other childcare arrangements for the Children. CUring the sUlllll8r school vacation when the Mother has reqular daytime custody of the Children, the regular Wednesday evening periodS of custody shall cease until the school yur custody schedule begins. 7. The Mother shall have custody of the Children for tlolO non-consecutive weeks during the Children's sUllll1er vacation each year. The Mother shall provide notice to the Father by May 1 each year concerning the specific dates for summer vacation custody under this paragraph. 8. Both parties shall refrain from using illegal drugs or possessing drug paraphernalia in their residences during periods of custody of the O1ildren. The parties shall also prohibit the use of illegal drUgs or possession of drug paraphernalia by other persons in their residences during periods of custody of the Children. Neither party shall use alcohol to the point of intoxication either illlllediately preceding or during periods of custody of the Children. 9. Neither party shall do anything which may estrange the Children fran the other parent, injure the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and affection for the other parent. lO. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. ,. -... ..., ~... -.. .. .....-..~ ... .... BY THE OOJRT, /....:J..+ G... ~ % ~~.~ D. ,1~''Fl- ~filJ- James K. Jones, Esquj,1e ' Philip H. Spare, Esquire , sl ~'.~"]. c, 'J.i.fl:l.. J. cc: EXIIWLl'11 (PACE': of J; , , n ~~~ II " , g> 'i ti ih; '-' Ii e:: e-. '... l : "'( 0:: .... ii ~ g ,.., '-' c: , rJ" ...., .... II a ~ ~~ . -~ <II :> ~ II ~ ~ ~t, lil ~ ~ ~~ . I ~ In >c: . 18 >< .., i :r: ~ . e-. H 2 ~ II ~ >c: , II I' iI " ;' S' E ,< ",~ '.~ -'1 ;. ;: ii 'h II, ~ . ~ ~-. r of' '" ~ r,o '-; .; ~ ~ :: ... '., )' - - - , ~ .... - .., ~ ~ - ''''", .;J a - ~~ ~ M ;- -J 50'f, '1," ;';1 ."; , II KIMBERLY K. fOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 96-lll5 CIVIL TERM . KEITH J. BOYER, . . Defendant : IN CUSTODY CIUll!R OF CWRT -..... "''' i ~ .. of the attached Custody ConCIliation follows: , 1996 , upon consideration is ordered and directed as 1. This Court's prior Order dated April 1, 1996 , shall contInue in effect with the following modifications. 2. The Father shall remain in his residence during exchanges of custody of the Children. The parties shall communicate with each other as necessary concerning custody of the Children by telephone so that exchanges of custody are accomplished in a positive manner for the benefit of the Children. 3. The custody schedule shall resume with the Mother having custody of the Children on Wednesday evening May l, 1996. BY THE COURT, cc: Philip H. Spare, Esquire James K. Jones, Esquire ~J-- 1~44> 5' j.,.w" , / \- , \ KIMBERLY K. BOYER, : IN THE l"OURT OF CCi'1MON PLEAS OF Plaintiff CUMBERLAND COlJNT'{, PENNSYLVANIA vs. NO. 96-lIl5 CIVIL TERM KEITH J. BOYER, : Defendant : IN CUS'l'OD'l PRl<E JUDGB: GeoEge B. Hoffer amun CDlCILIATICIl SlI9IARY REPan' IN ACXX:1lDIlNCE WITH C1Iml!'.RLAND cn.Nl'Y RULB or CIVIL PIll) '", IIJRB 19l5.3-8, the undersigned Custody Conciliator submits the following report: l. The relevant. information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Melissa K. Boyer Bryan K. Boyer October 9, 1986 June 24, 19B9 Defendant/Father Defendant/Father 2. The initial Conciliation Conference was held in this matter on March 19, 1996. As a result of that Conference, this Court entered an Order on April l, 1996 providing for shared legal custody and primary physical custody to the Father. The Order contained a partial physical custody schedule for the Mother on alternating weekends and Wednesday evenings. In addition, the parties were to attend a minimum of eight (8) counseling sessions for the purpose of developing communication skills. 3. The second Conciliation Conference was held on April 25, 1996 to address the Mother's Petition for Contempt alleging that the Father had prevented her from having the periods of partial custody outlined in this Court's prior Order. 4. After discussing this matter with the parties at the Conference, the Conciliator believes that, although the Father alleges the Children do not want to go with the Mother on the scheduled weekends, fighting between the parties during the exchanges of custody is the main problem in this matter. When the Mother attempted to pick up the Children from the Father's residence over the Easter weekend, an argument ensued between the parties and the Father actually got into the Mother's car. The Children became very upset and subsequently refused to go with the Mother. 5. The Conciliator discussed with the Father the importance of fostering a lOVing relationship between the Children and their Mother, the significance of his role as primary custodian in promoting cooperative exchanges of custody and the legal consequences of violating Court Orders. " - ,~ '{ ~ ~ .1 . ~~. ~ (!) tt 'i H Ii I' Ii I' ~~ Ii ~I!~ I! ,I I 11 ts II ::., c, J '; Ii H " ~ - ~ I: ~~ II ~ r.; ;.. I. .: - ~'5~! .... ~ II i, :: = ;; <1': ~ " - :: , .... I "1. '.1/, 'it "" .... I .~ I . 1::;:1) . EJ ~~ . S>< I ;. fit !! :::] ~~ s~ 01 > ..... -I ;: 0 ~~ ~! ::... " .- ,!;1..9 :::; ~ ~~~ I, ;:; r: :. -:: . - p (l'j T',.. I~E~ 0.: ;;.1 ~ I . 8 I .., ~ ~U ~ .... ~ [:l . . , . .. . i..'. . KIMBERLY K. BOYER, Plaintiff IN THE COURT 00' COMMON PLEAS OF CUMBERLAND COUNT'{, PENNSYL VANIA vs. NO. 96-1LL5 CIVIL TERM KEITH J. BOYER, Defendant CIVIL ACTION - CUSTODY OF MINOR CHILCREN ~ CW rom AND NCW, this I day of upon consideration of thea\taChed Custody C is ordered and directed as follows: , 1996, ummary Report, it 1. The parties shall participate in a minimum of eight (8) counseling sessions to be conducted by a counselor selected by the parties and counsel. The purpose of the counseling shall be to assist the parties in developing and maintaining cOl11l1unication skills necessary to cooperate effectively in the raising of their two minor Children. The parties shall schedule the initial counseling sessions to begin within thirty (30) days of the date of the Conciliation Conference. The parties shall share any unreimbursed counseling costs. 2. The Mother, Kimberly K. Boyer, and the Father, Keith J. Boyer, shall have shared legal custody of Melissa K. Boyer, born October 9, 1986, and Bryan K. Boyer, born June 24, 1989. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday evening at 4:30 p.m. until Sunday evening at 7:00 p.m. and every Wednesday from 4:30 p.m. until 8:00 p.m. The Mother I s first period of Wednesday afternoon custody shall begin on March 20, 1996 and her first period of weekend custody shall begin on March 22, 1996. 5. lhe parties shall alternate custody of the Children on holidays as follows: A. The Mother shall have custody of the Children in even numbered years on the following holidays: Christmas Eve from 12:00 noon until 8:00 p.m., Easter Day and Independence Day from 7:00 p.m. the previous evening through 7:00 p.m. on the holiday. B. The Mother shall have custody of the Children in odd numbered years on the following holidays: New Years Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas from l2:00 noon on C~ristmas Eve until l2:00 noon on Christmas Day. C. The Mother shall have custody of the Children in every year on the following holidays: Thanksgiving from 7:00 p.m. the previous evening through 3:00 p.m. on Thanksgiving !lay and on Mother's Day from 9:00 a.m. until 7:00 p.m. . D. The Father shall have custody of the Children in even numbered years on the following holidays: New 'tears Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas from 8:00 p.m. on Christmas Eve until 8:00 p.m. on Christmas Day. E. The Father shall have custody of the Children in odd numbered years on the following holidays: Easter Day and Independence Day from 7:00 p.m. the previous evening until 7:00 p.m. on the day of the holiday and on Christmas Day from 12:00 noon until 8:00 p.m. F. The Father shall have custody of the Children in every year on the following holidays: Thanksgiving Day beginning at 3:00 p.m. and on Father's Day from 9:00 a.m. until 7:00 p.m. 6. During the summer school vacation, the Mother shall have custody of the Children during ~eriods when the Father is working rather than the Father providing other childcare arrangements for the Children. During the summer school vacation when the Mother has regular daytime custody of the Children, the regular Wednesday evening periods of custody shall cease until the school year custody schedule begins. 7. The Mother shall have custody of the Children for two non-consecutive weeks during the Children's summer vacation each year. The Mother sholl provide notice to the Father by May 1 each year concerning the specific dates for summer vacation custody under this paragraph. B. Both parties shall refrain from using illegal drugs or possessing drug paraFhernalia in their residences during periods of custody of the Children. The parties shall also prohibit the use of illegal drugs or possession of drug paraphernalia by other persons in their residences during periods of custody of the Children. Neither party shall use alcohol to the point of intoxication either illlllediately preceding or during periods of custody of the Childrp.n. 9. Neither party shall do anything which may estrange the Children from the other parent, injure thp. opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and affection for the other parent. lO. This Order is entered pursuant to, an agreement reached by the parties at a Custody Conciliation Conferenc~. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. J. cc: James K. Jones, Esquire Philip H. spare, Esquire "",~', ...., .~'''''',..~ '""''''"'''''i'''~~~.,.., ~'''''''",''fi.>~.;'.. ~~"'~~m.~H~~"",,~ ; cr - - KIMBERLY K. BOYER, Plaintiff IN THE COORT OF ca1MOO PLEAS OF.' CUMBERLAND COlJNT'{, PENNSYLVANIA vs. NO. 96-1115 CIVIL TERM KEITH J. BOYER, Defendant CIVIL ACrIOO - CUS'!.'ODY OF MINOR CHILDREN CIU)fB Of' CXXJRl' AND tUf, this I....t- day of ~;.J. upon consideration of the attached Custody Conciliation summary is ordered and directed as follows: , 1996, Report, it l. The parties shall participate in a minimum of eight (8) counseling sessions to be conducted by a counselor selected by the parties and counsel. ~~ :.:..,:~"~ -:! ':-":-: :"~~-,;;.l!n,; ~!'-..:.l! ~= ~.:: .:.:.::::.;:~ ~'.:. t^=-_t~..J 1;. ~.,...al.:~:~'1':l and maintaining CCllIIlII1Ilication skills necessary to cooperate effectively in the rabing of their two minor Children. The parties shall schedule the initial counseling sessions to begin within thirty (30) days of the date of the Conciliation Conference. The parties shall share any unreintlursed counseling C08U. 2. The Mother, Kintlerly K. Boyer, and the Father, Keith J. Boyer, shall have shared legal custody of Melissa K. Boyer, born October 9, 1986, and Bryan K. Boyer, born June 24, 1989. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday evening at 4:30 p.m. until Sunday evening at 7:00 p.m. and eve/:'Y Wednesday from 4:30 p.m. until 8:00 p.m. The Mother's first period of Wednesday afternoon custody shall begin on March 20, 1996 and her first period of weekend custody shall begin on March 22, 1996. 5. The parties shall alternate custody of the Children on holidays as follows: A. The Mother shall have r.:u...t:odv n' t"'A "t,i Iii...." i" "",," ",_..aorl years on the following holidays: Christmas Eve from 12:00 noon until 8:00 p.m., Easter Day and Independence Day from 7:00 p.m. the previous evening through 7:00 p.m. on the holiday. B. The Mother shall have custody of the Children in odd nUlltlered years on the following holidays: Ne''' Years Day, Memorial Day and labor Day from 7:00 p.m. the previous evening through 7:CO p.m. on the day of the holiday and on Christmas from 12:00 noon on Christmas Eve untH 12:00 noon on Christmas Day. C. The Mother shall have custody of the Children in every year on the following holidays: Thanksgiving from 7:00 p.m. the previous evening through 3:00 p.m. on Thanksgiving Day and on Mother's Day from 9:00 a.m. until 7:00 p.m. {". 1\, f." r fl O. The FaCher shall have cuscody of the Children in ev.n numbenld yttars on the foilO'Jing holidays: New 'iears Day, Memorial Day and c.a.bor cay from 7:00 p.m. the tlt'lI"ious evening through 7:00 p.m. on the day o~ the holiday and on Christmas ~t'om 8:00 p.m. or. ChristmaS Eve uneil 8:00 p.m. on Christmas Day. E. The racher shall have custody of the Children in odd nUl11bet'ed years on the ~ollO'Jing holidays: Easter Day and Inde98ndence Day ~rom 7:00 p.m. thll previous evening until 7:00 p.m. on the day of the holiday and on Chrisl:maS cay from l2:oo noon uneil 8:00 p.m. 11'. The lI'ather shall have custody o~ the Children in every year on the following holidays: ThanJc.sgiving Day begiMing at 3:00 p.m. and on lI'ather's Day ~rom 9:00 a.m. until 7:00 p.m. " Otlr.'.r\<;l OhIO lI'_r ..r.-''\orlt .ar......j".,. th", Mr.lth",,. shaJ.l hav. custody o~ the Children during periods when the rather is \/Crklng rather than the Father providing other childcare arrangements ~or the Children. During the sUll1ller school vacation when the Mother has regular daytime c:ustody of the Olildren, the regular Wednesday evening periods of custody shall cease until the school yur c:ustody .schedule begins. 7. The Mother shall have custody of the Children for two non-consecutive weeks during the Children's sl.lllll18r vacation each year. The Mother shall provide notice to the Father by May 1 each year concerning the specific dates for sUll1ller vacation custody under this ~agraph. 8. Both ~ies shall refrain from using illegal drugs or possessing drug paraphernalia in their residences ~ing periods of c:ustody of the Children. The percies shall also prohibit the use of illegal drUgs or possession of drug paraphernalia by other persons in their residences during periods of c:ustocly of the Children. Neither ~y shall use alcohol to the point of intoxication either illlllediately preceding or during periods of custody of the Olildren. 9. Neither party shall do anything which may llstrange the Children fran the other parent, injure the opinion of the Children as to the other ~e~t or hamper the ~ree and natural development of the Children's love and lA..;x.act;l,or. tur ehe OCller pe.ranc. 10. This Order is entered pursuant to an agreenent reached by the ~ies at a CUStody Conciliation Conference. The parties may modify the teLDIS of this Order by mutual aqreement. In the absence of mutual lI9reenent, the provisions of this Order shall control. ... '" ....., ~..~'.., ,,~.-.-..,~ . .... ... BY 1'HE CCIl.lRT, ',~ 0: ,-it' C~t~ , ".%, ""..,.,,'~~~ Ci.: ~~W/~f1- ce: James K. Jone&'"EllqOJ.re Philip H. Spare, esquire 15/ ~1-'- C, ~'- J. /:.h, ~, ~ f~ ..... rJI n C' I , , ,-, '- " ,..:. '.. h I J 1 l... . u I = l ".- I , ~ en ; 0 ('1 U - - KIMBERr.1 K. BO'iER, Plaintiff : L.'l THe: CCURT OF CCt'1MCN PC.EAS C:' c:tiMBERLAND CCUNT'{, PEMlS1C.'/ANIA vs. NO. 96-l115 CInc. TERM KEITH J. BO'{ER, Defendant CIVIC. ACTION - CUSTOC1 : OS' MINeR CHILCREN CReER or cxxm AND fDf,!:his I ..t" day of 0,/2.:.1, upon conaider:ation of the attached Cuatody Conciliation'Sumnary is or:der:ed and directed a.s follows: , 1996, RePJr:t, it 1. 'l11e parties ahall par:ticipate in a minimum of eight (8) counseling sessiona to be conducted by a counselor: selected by the par:ties and counsel. ,..-:- :".-.:":"'~ ':'~ ~~: ~~~-::=.1!~1 :~.::.ll ::: ':= :..::.;;::'..::: t.:".:. r-:.- to!....; i:. ~.v.=.,:~:,.~ and maintaininq cc:nmunication skills necessary to C'oXlparate ef!ectively in the r:aising of their: two minor: Childr:en. 'l11e r;lar:ties shall schedule the initial counseling sesaions to tlegin within thir:ty (30) days of the date of the Conciliation Confer:ence. The parties shall share any unreimbursed counselinq costa. 2. The Mother:, lCirrber:ly IC. Boyer:, and the S'ather:, Keith J. Boyer:, shall have shand legal custody of Melissa K. Boyer:, born Oc~ober: 9, 1986, and Bryan K. Boyer:, born June 24, 1989. 3. 'l11e S'ather: shall have ~rimary physical custody of the Childr:en. 4. 'l11e Mother: shall have r;la~tial ~hysical custody of the Childr:en on alternating weekends from rriday evening at 4:30 p.m. until Sunday evening at 7:00 p.m. and every Wednesday fr:om 4:30 p.m. until 8:00 p.m. The Mother:'s fir:st pedod of Wednesday afternoon custody shall begin on March 20, 1996 and her: first period of weekend custody shall begin on Mar:ch 22, 1996. S. The pal:ti8S shall alternate custody of the Childr:en on holidays as follows: A. 'l11e Mother: shall have cu...t:ody n' tl1f1 C'hllr1r,," i.. """" ",,,,,;,,.,."'" years on the following holidays: Chrlsl:ma.s Eve fr:om 12:00 noon until 8:00 p.m., Easter: Cay and Independence Cay from 7:00 p.m. the pr:eviou.s evening through 7:00 p.m. on the holiday. B. 'l11e Mother shall have custody of the Childr:en in odd nUlltler:ed years on the following holidays: Ne'''' Years Cay, Memorial Cay arid Labor: Cay fl:'Oll1 7:00 ~.m. the pnvious evening thr:ough 7:CO p.m. on the day of the holiday and on Christ:mas from l2:oo noon on Chrisbna.s eve until 12:00 noon on ChrisCna.s Cay. C. 'l11e Mother: shall have custody of the Children in every year: on the following holidays: 'l11anlc.sqiving fr:om 7:00 p.m. the pnvious evening through 3:00 p.m. on 'l'hank.'Igiving Cay and on Mother:' s Cay fr:cm 9:00 a.m. until 7:00 p.m. ~ ...A, b, r It o. The E'ache" shall have CUS1:cdy of the Children in even numbe:'~ y.a:" on the foll~~ing holidays: N.~ ~.ars Oay, Memo"ial Cay and c,al:lol:' Cay f:'cm 7:00 Iil.m. the ~l:'evious evening th:'ough 7:'JO ~.~. on the day of the holiday and on Ch"istmas f:om 8:00 g.m. on C~istmaS ~ve uncil 8:00 Iil.m. on Chris~s Cay. s:. The rather shall have cust.cdy of the Children in odd numbe:ed years on the follo~ing holidays: ~ter Cay and Inde!;l8ndence Cay from 7:QO ~.m. the ;ll:'....ious .v.ninq until 7:00 ;l.m. on 1:."1. day of the holiday and on Chrisl:.'lI4S Cay from 12:00 noon uncH 8:00 ;l.m. r. Th. rath.r shall ha.... cuat.cdy of the Children in .v.ry y.ar on the following holidays: Thank.s9i...ing Cay begiMing at. 3:00 !;l.rn. and on fathel:"s Oay from 9:00 a.m. unt.il 7:00 ;l.m. ~ ~~.!!~ -l"l.f' s~~e JI~"01,t '/ar.:~~:f"" thfIJ M()t:h..~ shall. ha". cu.stC'Jdy of the Children during !;l8dods wh.n the Fal:."Ier is werking rath.r than l:."Ie father ;lro...idinq othel:' childcare ar1:'angements for the Childr.n. eurinq th. sUIIIll8r school ...acat.ion wh.n I:."e Mot.her has ::lqUlar daytime custody of e.,"I. Children, the ::eqular Wednesday ....ening ;>edods of cuatcdy shall cease uncH the school year cust.ody schedule begins. 7. Th. Moth.r shall have cust.cdy of the Children for t.'oIO non-corus8Cut.ive ~.el<5 during 1:."1. Children's sUllll\er vacation uch year. the I1clther shall "ro...ide not.ice to the rath.r 'oy May 1 each year concerninq :."e s!;leCific dates for summer ...aca1:ion custcdy unde:, this il4"aqra"h. 8. Both ~ies shall l:'ef::ain fl:'cm using illeqal druqs or !;lOssessing d:ruq Ijlllraljlh.rnalia in th.ir l:'e,idences during ~riods o~ custody of the Children. The ;la&ties shall also prohibit the use of illeqal drUgs or \lOtIsession of d:uq paraphernalia 'oy other !;l8l:'sons in theil:' residences during ~d<.ids of cu.stcdy of the Children. Neithel:' ~y shall use alcohol to the point of intoxication eithel:' ill1l1edial:ely "receding or during Ol8riods of cuatody of the Children. 9. Neither party shall do anything which may estranqe the Child:'en from the oth.r ~.nt, injure the opinion of the Childr.n as to the ol:."Ier Ijlllrer.t or hamper the free and natural de...elO~1: of the Children's love and a..;~lICtlor. tur t:he O1:ner pa:an1:. 10. 'l.'his Order is entered pursuanl: to an aqr_nl: reached by I:."e parties at a CUStody COnciliation Conference. 'l.'he parties may moclify the tel.m5 of this Order 'oy mutual agreement. In the absence of mutual aqreement, the =",ovisions of I:l\is order shall control. -......... -: ~~..' ~:':-7 \.\ ~ ;.:-.~ ~.J , ... .' . BY tlIE CCXJR'r, -..,',.. . I~. C~t~ ' .~.~~, ....,.......,~"I. Ct. . a:~u A.,.d. .'3 .. -7 . I' ''''1- cc: James It. .1ones:.:ESqW.re Philip Y. Sil4"e, esqui:'e 'S/~-"'j.l.. C, ~'- .1. (:'."},, ~, + A ,-:r.. Kc1 ~n :J e:. f;jY<"''f,,",I'-o ~ 'r<~ \''\o''-.t'\y_t< _~Q~<L(_, ____. "u' .., ....,.'po)rh ,1:j~.)J<c..'t jh~t,o l'\.l T!)'-l ~9.I:'::'tunJ..._8.~!:'U." __,._u..___._ .Jo-t',,_tc\S ~-n\~1- ..l.J...lQ..c...M~~,JD A~'l'Ui.-frLll.l\..:.,:t-_u_.,u.__ ,-n~r\.t Kc:~,\ \::N..'\y \{, &.>Y~l' .J\~I...'l", '?r~ ':!\~:C~,,__, '...'.0. _" _,_u . :?hy~k~ \ , (i...JC~T':Jd.yOt(}.JY . So.\,; P::hy 1-\,\Jul:L I~Or'{.'('-,." _. ,__., _ "uL-..:.<:... tx> th fI,,\::O 8~l \(.Q... ,::tb)jt },1,','olj.;( 11K.~oy<Li.,--..- ,__.__ J,c<.;\-, K'~'1t'o 3\20J<L~h.~I.,)c;.. \). 1 \'\"':" Yu"?r1..'f~~ ~ \,._. .. ..C\.l..tudy of,J~k.\8~H K, ,boyo l~(',-, (~~Q....... ..__, ' ,lJo-\-h .:) f SOI...)\\.:ld \', '\ ~ \-:,d.. ~ 't' -\-,\'1(... lr .:C''\''- t,h~ S ,kHr.,;r,.l\,,)@t SSl~n.;<<"'d.by J::Jot',\.~6"'1:' we" v,,~,....p. i:s., u_.,_,uo _ ~ b<d (\.;~ f'flo-th'i.:< ,f-:\rI.JC ';'~\-t'r.il..,( .of b:.+h Ch, \~'(I;":\.' I . . _O'__ ,_\.I...:Q.;,b;*.huB\~ .F.\~(~ u.-\-he.-\-.. ~\,~"'(uC.hUd.. J!JA'f-__.. 'u_______ .C::lNtpo,<..,t O'C V~:::,~ 1: '\,)S, At uPlI\l'j .lr~\f\Q... \.lJ'0~\,-r.. ,.._._.__.._ ,ll"\"--'Il."1Aj ~"::l~. ., ".UH,_'_. ,.,..._... .,_ "'~~~'~,nc.~___uu u , -. --.. ..,-_..... .----", _ ~/'I.~("~ ".-~.. ~J~<--':--u Uo' ... ...__.._,..__________....,_.. -' - _____u.,~~",; l\. ~ jM~'(f!f.!t'" -- . ----------- - . .__'u,_._..-.I.....J\ ~\S x~.u _C~ _'''_u.u. ""'._...u___,..__,__._ , . .---......._ -.-.-.-----.._.__0__-- , I - 1.., .--...., .._'..___'___..__....,..,..___.._ .__._,_,._______.___.....__._.._._________ --1 '------..,--..----0-..---,----.. ,......___,_,_....__.____ ~'!(h,l:J, t 8 '>. rJ~ '- . ", ~ .' " .. (.. (~ , -:> , ('-. -, o. , , '!j ~.'. ~ ) I... ::"J ~ , i .' <:1\ 9 0. u ~iU J ... j ~'.. Ihg~ Ii ~ ... '" ... ~i!M~ ~~ , ~ ! ,," ,"'~ ~ ~:!l~~ ! . ~I .,,~~~ !II IOl .~ > E1" .. ~.., ~ ~IUg . ,5 j ~ ~ j l.: I ; ::lA{id'" >< !Ill '" \:l ~ ~~ I ::ll ~ I /!l ~ I vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM ./ CIVIL TERM KIMBERLY K. llOYER (FOSTER), petitloner NO. 96-11l5 : NO. 97-347 : KEITH JEFFREY BOYER, Respondent : CIVIL ACTION - LAW IN CUSTODY . . CRDI!:R OF CCU\T AND NC:W, this 111 consiclolration of the attached and dir\cted as follows: , 1999, upon t is ordered l. The prior orders of this Court dated April l, 1996 , May 4, 1996 and April 2, 1997 are vacated and replaced with this order. 2. 'l1'Ie parties shall participate in a course of counseling with a professional selected by agreement of the parties and counsel. The purpose of the counseling shall be to develop cooperation and colllnunication skills between the parties to enable them to effectively co-parent their Children. The counseling shall continue until either the counselor determines that it is no longer necessary or until the parties' insurance coverage terminates, whichever occurs first. Each party shall be respomible for one-half of any counseling costs which are not covered by insurance. 3. The Mother, Kiatlerly K. Foster, formerly Boyer, and the Father, Keith Jeffrey Boyer, shall have shared legal custody of Melissa K. Boyer, born October 9, 1986, and Bryan K. Boyer, born June 24, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being inclUding, but not limited to, all decisions regarding their health, education and religion. 4. The Mother shall have primary physical custody of the parties' son, Bryan, and the Father shall have primary physical custody of the parties' daughter, Melissa. 5. The par:ties shall alternate having custody of both Children on weekends fran Friday through Sunday, with the specific times for exchanges of custody to be azrranged by agreement of the parties. The parties may have additional weekday periOds of custody with each Child also as arranged by agreement. 6. The parties shall share or alternate having custody of the Children on holidays as follows: A. The Mother shall have custody of the Children in even numbered B. years on the following holidays: Christmas Eve from l2:oo noon until 8:00 p.m., Easter Day and Independence Day from 7:00 p.m. the previous evenlng through 7:00 p.m. on the hollday. The Mother shall have custody of the Children in odd numbered years on the following holidays: New 'lears Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas from 12:00 noon on Christmas Eve until l2:00 noon on Christmas [)aYe The Mother shall have custody of the Children in every year on the following holidays: Thanksgiving from 7:00 p.m. the previous evening through 3:00 p.m. on Thanksgiving Day and on Mother's Day from 9:00 a.m. until 7:00 p.m. D. The Father shall have custody of the Children in even numbered years on the following holidays: New 'lears Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas from 8:00 p.m. on Christmas Eve until B:oo p.m. on Christmas Day. C. E. The Father shall have custody of the Children in odd nu;!tlered Yllars on the following holidays: Easter Day and Independence Day from 7:00 p.m. the previous evening until 7:00 p.m. on the day of the holiday and on Christmas Day from 12:00 noon until 8:00 p.m. F. The Father shall have custody of the Children in every year on the fOllowing holidays: Thanksgiving Day beginning at 3:00 p.m. and on Father's Day from 9:00 a.m. until 7:00 p.m. 7. CUring the SUll1ller school vacation in each year, both parties shall be entitled to have CUstOdy of both Children for one uninterrupted week during each of the months of June, July and August. In even numbered years, the Mother shall ootify the Father by June lst of her selection of dates for extended periods of custody under this provi.!lion and the Father shall advise the Mother of his selected dates within 10 days thereafter. In odd nlDOOered years, the Father shall notify the Mother by June lst of his selection of dates for extended periods of custody under this provision and the Mother shall advise the Father of her selected dates within 10 days thereafter. 8. Unless otherwise agreed by the parties, the party receiving custody of the Child or Children, shall be responsible to provide transportation for the exchange of CUstody. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the ~inion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. lO. The parties and their counsel shall atteoo an additional CUscody Conciliation Conference on November 23, 1999 at 9:00 a.m. in the office of the Conciliator, Dawn s. Sunday, Esquire. ll. 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 COORT I ~/. // / // J. cc: Thomas D. Gould, Esquire - Counsel for Mother _ Steven J. Fishman, Esquire - Counsel for Father c..r->-- ,">,~~.(?/, ?/9'1, ,,,i,V', ~~~~ .,., . s ... .,., ......6-0 ~ .1 'Ii!" ....... !~ "',:l~- ~; = ; , <Il ~ i I ~ "~ ~ <II 'iil,~ ~ 05 I -.... ~~ pol!fie.~~ .. e~ . ~ ~~ . E = E .~ ,!,! ~~~J ~ ,~ .s ~ ~ j I ::: IS 0'1 II~ '-11l\ fJl.., il j;l ~ ti I ~ ~~ . :.: I gl ~ ~2 i ~ I ~ :>. !!l~ ..... ~ ~~" i ~I~~ .a I~ ~ ... ... 8 C IH Q., ~ OJ I ~... .:l i.s i! ~ i"" ; ~ '... 'E S=.:!l:I- ... ~8. ' H ~ .~ ~ '... I ~ ~ Ijl= ."'~ ... ~& ~ H <II . ' Ijl ~ ,~ ;> ~ :!:l ~ c. ~ lOll 'f.::l: 501..--1;1 ~ ~~~ . ~ ~! ..=E~J :.: ;.::.s~ ~~m~ ~ :IsO ~ 15":: ,.., 8 ::l: ~~ ~ H [:l . - ' . .. V3. IN TilE COURT OF COl>1Mctl PLEAS OF CUNBERLAND C~' PENNSYLVANIA NO. 96-lll5 CIVIL TERM NO. 97-347 CIVIL TE~l KIMBERLY K. FOSTER (formerly BOYER), Petitioner KEITH JEFFREY BOYER, Respondent CIVIL ACTION - LAW IN CUSTODY CJUlER OF CXlURT AND ~, this \'\ day of consideration of the attached Custody Conci and directed as follows: , 2000, upon t, lt is ordered l. The prior Order ~f this Court dated December 6, 1999 is vacated and replaced with this Order. 2. The prior Order of this Court dated September l6, 1999 shall continue in effect as modified by this Order. 3. The parties shall participate in a course of counseling with a prOfessional at the Hl!!len Stevens Center, selected by agreement of the parties and counsel. The parties agree that the first joint counseling session shall take place on January l8, 2000 at B:30 a.m. with Michael Kinney. The purpose of the counseling shall be to develop cooperation and comnunication skills between the parties to enable them to effectively coparent their Children. The counseling shall continue until the counselor determines that it is no longer necessary. Each party shall be responsible for one-half of any counseling costs which are not covered by insurance. 4. The Mother shall continue to have primary custody of the parties' daughter, Melissa, pending the counseling process. The Father shall continue to have custody of both Children on alternating weekends from Friday at 5:30 p.m. until Sunday at 8:00 p.m., and on the holiday periods of custody specified in this Court's prior Order. In the event the Father is more than l5 minutes late for a period of custody, the exchange of custody shall automatically be canceled. 5. The Father shall be responsible to provide transportation for all exchanges of custody. During exchanges of custody, the ~Iother shall remain in her residence at all times and the Father and any other third party accompanying the Father, shall t'emain in the Father's vehicle throughout the exchange of custody. There shall be no cOl1l11unications between the ~lother and the Father or any thit'd party during exchanges of custody. 6. The ~Iother shall be t'esponsible to ensure that the Children are ready and available to go with the Fathet' at the beginning of his periods of custody. _.'1 \,., , ; , ',J l ! i , i I I I , I ~ ~~I o.le.~ ~ ... ~ H~I ~~ 1!S~.a_O .... ... ~.g.=11!:: .... ffi~ ~ = ,"'~ ... ... . ~I ~1iq . ~ lll~ ,] ~ ' . .. ~a pol <Ii ~::i1 3 a .. - ~ !o. ... = E ~ ,,! . ~ ,- B Q .2 :.:: ;:!~~'" . I lil Mil ~ ~ .., B ::i1 ~ ~ KEITH J. BOYER , . IN THE CCURT OF a:MMCtl PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96-lU5 CIVIL TERM . . . KIMBERLY K. FOSTER, : CIVIL ACTION - LAW Defendant . IN CllS'l'OOY . CRDER CE' CXXlRT AND IC.W, this 2 u consideration of the attached and directed as follows: day of ) t!r. t.,v{- CUstody Conc 1 ation Report, , 2000, upon it is ordered l. In the event the Father initiates counseling for the Father and the parties' daughter, Melissa, the Mother shall cooperate in ensuring that the O1ild is available to attend the scheduled counseling sessions. 2. In the event that either or both of the Children are unavailable, without the Father's consent, for a scheduled period of partial custody, the Father's counsel may contact the Conciliator to request the scheduling of a Contempt Hearing. /" BY THE <XlURT, , :V iV' . ....~ Edgar B. Bayley,,/ ( J. cc: Gregory L. CUtler, Esquire - Counsel for Father Thomas D. Gould, Esquire - Counsel for Mother t~ J:P () <>.: 'V ~ KEITH J. BOYER, IN THE OOUR'r Of CXX>IMUl PLEAS ~' Plaintiff . CUMBERLAND caJN'l'Y, PENNSYLVANIA . . . vs. . NO. 96-1115 CIVIL 'rERM . KIMBERLY K. FOSTER, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CllS'OCVY CX'NCltIATla. SUI4ARY REPCRl' PRICR JlJI)GB: FDjar B. Bayley IN AO:X:lUWICB WITH C'lIlBERLAND ann'Y RlJLB or CIVIL ....:.....UlB 19l5.3-8, the undersigned Custody Concil1ato~ submits the tollowi~J repo~tl l. 'It&e pertinent infol:ll1ation conce~ning the Children who a~e the subjects of this litigation is as follows: IWlE DATE OF BlR'l'II aJUU1Nl'LY IN ClJ8lUJY OF Melissa K. Boye~ Bryan K. Boyer OCtobe~ 9, 1986 June 24, 19B9 Mother Mothe~ 2. A Conciliation Confe~ence was held on Septenbe~ 7, 2000, with the following individuals in attendance I The father, Keith J. Boyer, with his counsel, Gregory L. cutler, Esqui~e, and the Mothe~1 Kini:Jer1y K. F08te~1 with her counsel, 'It&anas D. Gould, Esqui~e. 3. The Father filed this petition for Contempt and moditication based on his allegations that Melissa has not been available fo~ periodS of partial custody on at least 6 different occasions in the Sl.lll1l1e~, includir.g weekend periods of custody and the Fathe~'s scheduled two week period ot vacation custody. Too Mother acknowledged that Mel1ssa has missed periodS of partial custody due to he~ social activities and her des1re tc spend time with her maternal grandmother who is se~iously ill. The Mother stated however that she is not able to force the Child tc spend time with her Father. 'It&e issue of the parties' 13 year old daU<Jhter's unwillingness to follow the custody schedule and either the Mother's inability or unwillingness to compel Mel1ssa to comply with the custody schedule had been addressed in a p~evious conciliation Confe~ence. Apparently this situation has become worse since May, 2000 and the Fathr has again petitioned fo~ a finding of Contempt. Sl.fJ"'- ~.. Date 13 ~ , an Orde~ in the form as attached. (.a,~.~~ Dawn S. Sun y, Esqu ~e Custody Conciliator 4. 'It&e Conciliato~ recommends